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i^^i^'!i0^'^viS§^^^
M
liP::llii REPORl?OF
THE TMI^LOF
EDWARD JORDAN,AND
j^*ARGARET JORDAN HIS WIFE,FOR
FIBACY ^ MUMDEB,^ AT HALIFAX ON THE Ijtjt DAY Of NOVEMBEIt, 1809,
TOGETHER WITH EDWARD JORDAN'S
DYING CONFESSION
:
TO WHICH IS ADDED
t^E TRIAL OF JOHN KELLV^FOR
PIRACYAND MURDH^yON THE 8th DAY OF DECEMBER, 1809.
^^
Frofk Offkial Docments and Notes qf tk^^Triah\
mm--By C. R. FAIRBANKS & A. W. gOCHRAN^
STUDENTS at LAW.
H
'^
HALIFAX, lS0t)a*^C(ii|
A'
'J.
:
J»R1NTED BY JAfWES BAGNALL, AT THE NOV.* C^-FICE, SACKVILLE STREET*^
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TO
«><«««rttencp.iL,eutenant.«en«ar.
SIR GEORGE PREVOST, BART
^c. 8Cc. 8Cc.
THIS REPORTOF TWO mPOnTANT THUZ.S,
AT WHICH HIS ^CILLENCY PKes,„ED.
BY HIS EXCELLENCY'S
^'''ohcdient and HumhU Servant.^
The PuBLISHBRf..
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"^^IFAX.Sthy,'TfA, ISjp^
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SOME time ha* now tlapfed iinee Ednuari Jordan, wh»fe trial it related irt
tht following pagei, bat fuflcrcd die puniflimeot alH^ned by the Law* of
God and ef hit Country, for the crimes of which, on that trial, he wa* con-i
viAed—crimes of foatrocioot a nature, that, they mult appear to furpafs the
fuppofed limits of human depravity ; but tiowever great may be the abhor-
rence and detettation, which every man, who has heard the tale of blood,
mult feel for the monfter who caufed it to flow in fucb profuAon,>—yct tho
very violence of thofe emotions will (horten their duration. la a few months
tht,name and the crimes of Jordan will only be remembrrcd by the few,
whom accident may lead to the fpot where his earthly remains aro till
exhibiting a terrifying example of the end of paffions ung«v«rned by reafon.
In a few yc:us, when thofe remains (hall have been mingled with their native
dull, even his name will be unknown, beyond the records of the Court
which tticd him ; much left will be remembered the motives that induced
the cummiflion of his crinfet, or the furptifiog and pnividential mcaiu b/^
which they were difcovered.
To add one feeble evidence, to the innumerable proofs which exift of
the intcreft a Superior Being uk.es in the uanfaAions of mortals, and to prefenc
another example of the punilhment, which, in thislife, inevitably overtakes the
wretch, who, impelled by lawlefs pafllon, hath wantonly fhed the blood of
a fellow creature, were, among others, the reafons, which were thought fuf-
ficient for fubmitting the report of jfotdau'tUxai, and that of hit accomplice*
to the eye of the public.
It is wifely intended by Providence, that the anions of mankind fhoul4t
be mado known to each other,—that we may receive ufeful lelfont from the
fate of our fellow creatures, and, t>y reflecting on ilie iiiciietnents to the
commiflion ot crimes, learn to avoid them.Reafon tells us that we Ihuuld obferve the conduA of thofe around us,
whether it be good or bad ; that we Ihould treafure up the recolleAiim of theformer, as a lamp to light and cheer us on the jou'n>^y of life, a*d the latter^
as a beacon to warn us from appiproaching, too c! J ' the rocks and Ihoals
which have proved fatal to others.
With this intention we may conflder in the life of Jordan, hit crimes,
.their caufet, and his awful end.
From th; brief account of his life, which is annexed to the Repoitof thetiial, it may be colledtcd, that his crimes originated in the fudden i.Titatioii
ofpafiiont, rendered ungovernable by long indulgence, and inflamed by*continued Hate of intoxication, in vi-hich he fought to forget mUfortunalbrought upon him, perhaps, by his own mifconduft. Revolving in hit miqdhit poverty, the dittrefTed fituation of his family, tke opportunity of retrievlnrhis Fortune, and the hope <rf obtaining revenge fot iwa^/rfarv wrongt,—heprecipitated himfelf into the dreadful fcene of bl6od and dcflruaion. thAfubjeA of thit Trial. ,.
i M*l^
When Jordan firft began his career in the world—when living a Jomef-tic, perhaps an innocent life with his widowed mother, an4 checrine theevenragof her days witti all the dutiful attentions of filial love,—reafon war-rants the fuppofition, tiiit the bare mention of fuch crimes as Piracy aud Mtir'dir would have (hocked him. He would then perhaps have confide/itly af-fcrtcd. that not all the temptation of we^Uth, nor the Wronger iecitcmentt <»fpaffion ttiould ever induce him to rielate the righit, or uke the life of hi<i
brother man.
of p-ffionK by whirnerr„T ^'^ J V "" *"° ""^ «'>e«<^"fe the indulgence
•'Never let man he bold enough to fay.
The firft crime paft, compels ii. on to more.And gu.lt ptovf/ate, which tva» but choice before ••
U>cm made. ^ ^ 'cmmded of them, as if wc fcldom heard
•• to .he difcovery a„d Z^^L^^Z'^ZT^'^' '^f"""'^
'""J^^'-'are pure and inaocent, however defcnceleft mav bo u: "•" '''^°^'' '"">*
deftitnte of human ?mft,ncc. when the l!„d „?«l5 "'"""".-howeverlife. feel, .confidence that the C^^Jofluftice ThT^f
" "ifcd again* hi.«ot allotv the guilty Criminal. even in thishte^!'?
^''^"S^of Wood, will
«an. whofe hand, are imbrued In the i^^oiTu'^lZTJL''; ^' '" "'^fai example afforded by Edward Jordan tl a/ J. T '"*'• ''^"" '^''""•hotry toefcape the hand of juTce.SfjhiS'er^H^''"*'^' "'""»''*= •""V' Drive tttc hell fromhi. bofom.*»Lvct t^« dL tf"''"'
"*' ""^ '" » ""«We at the thought, when theXepi^ L on wlu'^
will come and lethim .rem.
taorfereturnwiihredoubledStltorn.
"''*'-='""'•''•'«'''«» «f Re-Writing (hall appear on ZZIS^^^^aXS^V^' ^f'^
foul...whe„ -a ha„d-;*cft
;
for .heVhe Lord Si^uf*rht, .T;e»M' u"* '^'" '"' '"**^^« ""
•• "nd forrow of mind- a^i if Hft ^1?''*""»''"She*", and failing of eye.
•' feall fear day a^^^ht and ^ .'"'T« *° *»^«»» •>«'»« him! and heyt »«ftauifarl:fdt;Godt;^^^^^^^ '«"• Iati;emorn!
T Ocuteronomy, c, XS, v. 6 4-6 5.
O'
IMembe
I R<
JcSwifisu
ins with fnull
n reality, the
lature, ii toole indulgence
it only occa<
REPORT
nrpofcs, andevery day <A
further thei^ilirancc thi*
ilc( and rca*
rd nu more,
<hould fug.
t Icffcn tiieir
M*, we Handcldoni heard
ihc fingf r of
trinfaaion,
whofc wa) s
—however1 again ft his
blood, will
But let theirn fromthRans he mayy for a limethim (rem>ing* ofRo-n "a hand,noeaffi noringof cyc»m, and he
' the morn-fay, would« Hull fear
to tbe gca-I miud aftcf
OF THE TKIAl.OP
Edward Jordan &'Margaret Jordatu
QN Wedne«Jay the I^thday ofNoxv^mber, 1809. the
cLZZ/f^ ^^^n^'/^^^^ for <issemblif^ a special
SlfHn '"''T"!^'^
on the High Seas, met at theCourt House mHahfax, when there ,,ppeared on the
LieJeLf^r^"^"'^ ^5 J?^""^^^PREVOst. Bamiei,
over His Majesty's Province of Nova^Scotitl arid UsDependenaes, 8(c. 8Cc. ^c.-President.
Bar^'t K^'^Ti^^n'^ '^^'^^ ^^"^^^'^^ WARREN",
hmwrahk Privff Council for the Kingdom of Great
CkLTof ^u"l^t''^^'f/f'^ ^'hite, arTdComLdert
^. . J^ ^i^^rabk S^MPsdN Salter BlOWCrs, Esar
jeid^sCotincilfor the same. , .
r^^f Hon,.MiqHAEL WAiue£,E^iii^ o'
.
Mem^s,qfhis,Mi^es4v's C«d»;,A^*
7',, !'.'
"'
^
^ROBEBT Lloyd, Esquire, Cl^^o^Hf^^M^jesi!f\ship Quemiere.
*Sce, Appendix No !•
6 TRIAL OP HOWARD A^D MARGARET JORDAN.
The Right Honorable Lord JamesTownshend,Commander of H. M. ship jEoIus,
John Simpson, Esquire, Commander of H. M.sfiip La Furieuse.
Si* MUEL Hood George, Esquire, Secretary of theProvince.
Thomas Nicholson Jeffery, Esquire, Collectortifthe Customsfor the Port of Halifax.
CroftOn Uniacke, Esquire, acted as Registrar ofthe Court, u-^der a special Commission, appointinghim to that office.
His Majesty's Commission under the great Seal ofthe Admiraltjof England, issued pursuant to thestatuteofthe 11th and 12th ofWilliam 3rd, appointingcertain Persons, therein named. Commissioners for theTrial of Piracies* Felonies, and Robberies, committedon the High Seas, and bearing date the 30th of Octo-ber 1784, was read; after whioh the Commissionersnames were called over by the Registrar, and His Excel-lency th3 President having first taken the oath* pre-scribed by the aforesaid Statute, administered it to themher Commissioners except the Hon. Andrew Belcher,Esq. who, being an underwriter on the SchoonerThreeSisters, declined taking the oath, and withdrew.•The Registrar, was then sworti, by the President, to
perform the duties of his office ; after which he read*he Precept,'which had been issued 16 Jttnes Fawson'Esq.^fwhi^ Had been appointed Provost Marshall) forsummoning the Comtnissioners^and flie return thereto.The Court was then opened bjr>Pr6c)amati6nVThe Commissioner's riat««*lii*?ri^^eeti'{igkin called
overfi'iJiMiis Stewart, t^; ffis^ M^je^s SblicitorGeneralfor theProvifid^y ^lid^'^^jther With fe/<?rHutchinson, Esq. conducted the iJrdseciitiion, delivef>edtotlie Registrar, Articles ofAllegation against EdtvardJordan, and Margaret his wifct whwein' they Wer^
Of the Province, had take n his Seat on tha Beach, m beiac Mcabw of bitWscftj's Qouncii,.
. _
TRI,
charg
on tti(
Tl
ed six
Tni
Lower CKiog'i Tc
murder c
whereof
net, and (
rity, and j
Jordan wthe aforef
Thij
murder to
The i
firft, with^
fchooner, y
The/to have bc(
Thejij
«ney»*/ii
fchooner 7
anceofihc
yc*r aiorcfi
fo entbarke
tically andJjffbm Stairs,
did, firatia
and convert
and provide
* Thejiai
andftloniou^
go, agamft tl
The All
I to the Provo
Iret Jordan
i
Ithathejiailt
at the Bar^ vi
foregoing All
«<k«a Wheat
>WrvSHEND,
r of H. M.
'etary of the
re. Collector
Registrar of
appointing
reat Seal of
ant to the
appointing;
ners for the
committedih of Oeto-imissioners
IHisExcel-
oalh* pre-
ed it to the
rw Belcher^
onerThreee\v.
esident, to
h he reads- Fawsonrskalt) for
rn thereto,
nv
^tiin called
's Sblicitor
ith 'Foster
» detiveped
st Edioard\hey jrer^otney Generalft^mbft of hit
I
rHALOHDWA«D AKDMA«0A1BTJ0«DAH 7
TH.jrA.yrch.rBed.That&r««^i>^^.l.,eorGafp6,i„thtProviace of
Lower Canada. Dealer, cm the I3,h day of September, in tbe 4»th ••-tr of th«
K.ng'i reign, frloniomly, wilfully, and of hi. malice aforethought. o.d kill andmwde, one r*o»,,. Heath a feaman oelonging to the fchoonei Tlr« Sifter,,thereof John *..„ wa. then Ma.tcr. wi.h a P,nol. on board .he fai^ fchoo:ner. and on the high fea.. where th« Admiral or AdmiraU have power, auiho.ntT..ndj„r.fd,«ion
jand ^}^t Margaret Jordan, the W.f, of the f.id Edward
Jordan w... then and there, udinj and affiAing the (.id E. Jordar .o committhe aforefaid myrder.
Th. ficond article waa the fuM .. the firrt. except that it charged tl •
murder to have been committed witli an axe.
The third .fticlc charged the PrifoneA.in the fame manner .. u,.fSrft.wUhihemurderof JI,.E,-.«A,jMir«*r««af..man belonging to the faidfchooner,witlia^t)le/.
to have been committed with an axf.»*"a».f
3^yA* ««i«»e charged that the prifoncri, wickedly ionfederatiB, wi*'«"e>*«JC*//y ,ot«r„Pir.te.a«dRo.b«..a«dto run aw.^w.r^f wfckooner Ihr^ Sifter,, under the command o. one JohnStZ, "i ia^poS^ante of the faid confederacy, on or about the loUi dav of s»n.«»iyear .orcfaid. embark at Oa.... .nth. f.id fchootrX "r.^d'Je^g-fo embarked, did. on or about the 13thof fcptember in the yc,raforcOMd *,>«rirfl//)-Mi/,/.«»,y7yukc the command of the faid fth,i,„cr f»« f^e f^jJobH Stairs, againft hif wUI. and. havi.g compelled hi^ lo leap lAio th* fe.^^A.tiratically^t feloniously, runaway wi.h qie Ui^ fchooner aiid h« carw'
:;dZ^r''™""*''""'" "^' ^^^^.^^^^^
andfelomoujty ftolen. uken, and run away with the f..d fchoon«£!^^'go.agamllthew!llofthefaid>A«s<«r/. ,
«Viieicw.
ret Jordan , the order being deiiveJdm ,k o«<>*»«» Jordan and Marg..
i.«J» f.r ,Wir .rial, ,|,., „„,a ZkttSiti»pd Wn|f
day*
•^
'
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ff
!/
TktAL ipP (CmWJUlb AND MAROAUBT JO&OAK.
?»'*fCV—'^ft\fl)i,^nif,^bav5»nyWitnea5es, whom ycuwifl^ to ap-pear on your behalf, you will now give in their name* Uiat they may be fmn-mppqd to ^ivo their attendance." .
,/v:»^..
Margaret yordannmed William Crewe and jfohn Pigot at Wtneffc* ohher behalf.
Pr^/fdrfsr.—"'PriConcn.'tneahtcleg upon which fou have been artaignerfart plain ntattert o!f Pad), but that y6a may not complain of any :hafdniip,'«hctJourt will order a copy of the article*, exhibited agjiinit you; to i1>e fkdiyered*o yoti,«hd willallow any Gcotteinan of the Bar, whom yon may think propoito tmptoy for your afliilance, to offer arty matter of Law to the Court !n yourJbehair upou your trial,"—The Prifoners named Lewis M. Wilkins and 8. B.RoBii, Ef^uirej, .fortjieir Counfel. They were then remanded to the cuftodyofthe Provoft Marshall, and the Court adjourned imtU ThurfJay at eleveno'clock.
On Thurfday the 16th of November, thoCouttmetpiwfuaat toadjouromentWfcen ^he Commiffioneis Himea.haviag bcencalled over and the Court opened,the Prifoneri were -placed at 4he Aar, and M*. Hstchikson on the part ofthe Crown, proceeded to open the Pleadings of the Court,
Thi« it a Court of Special Commiflioir.affismhled uodor a ftatutCk. nuwle inthe.ll«> wl'iath sejW of ^^f^^^l^ u,, ^|rd, for jM^<; fuppwffion of Piracy.
ThePri(uhert,tt»heJ?arft»n«llA)ir"i;kijaon*nAIl«t(ttion, Itled hy hia Majefty'a6dUeitor.iaene^l, by wl^ich ihey itie charged with having comiaittad thevriin«» 9f Mucdj^^ Piracy, and Robbery oo the high (iia,near the coattpfNova-Scotfe.^ «hd WUhin the Jutiidictioh of the Gonrt. IJMr. Hutihmfin thtn opened
ihe^teiMi<)n[dAdf^^^ ,4^ «Jyfo»ff of nhieh
*(?f"'^ffT''^?*^':?llFthecrim'es,'whh which the PrMbbers arc charged;
ivefe offrc^ucAt occurrence, and came^fteh under the cognizance of the Gourti
1 (hb'ulJ think that t had aVreiaily fuflitliently performed my duty by opeaiUgttilTf^eadingt : but at Cafct of Piracy have feldom occurred of late years, it
may not be amlft to explaih the nature of that Offence, and to fay a few word*«j t**Ot%i«<:b«ilititlbiiahd «Jweh of the Court, by which the Wifcncnare noW to he tried.
Piracy it faid, by my Lord Coke, to be (Jerived fifoiii a Greek, jwora figiii«yiiijr»*tHf<^;*otitit defined liyLitwye^i to extend to anfR^^preAMion coinitiitted on the filgh S<ai, h it jin oiTeh^e "agaioft the J,aw ofllatlont, a Pirate being coniidet^d; according to the f.mc wthor, m WwfiV*«wia»f giHerit, for having renounced all the benefitt of fpciety, and reda-
«^ hlmfelf to a feate of n^ttire. bj, declarit.,; ^ar, ^,ihft aU mank^qd, aU mw<ir^dauS^pcJare war kgai^iftium. (o ^itntr tapittj^j Uwht^^^imQ,
.
t
,'
V
BT JO&OAK. TRIAL OF EDWAED AND MARGARET JORDAN. 9Ai|iy«u,wifl\to IP-
I they ^»f .^e ftun-
it a> Witneflci oh
m b<>en anaigneH
^any hardniip;«hc
juj to *e fldijirefeit
itnay think propet
o the Court in you'r
ViLKiKs and 8. R.
>dc<l to the cuftody
hurfiiay at elevca
nt taadjoufoment
Uie Coort opened,
ON an the part of
a ftatute^ nudfi in
SPwOion of Piracy.
>by hiaMajefty's
Off Gonunitiad the
the coaltpfNova-
hin/on then opetiei
vbflatice of nhieh
lers arc charged;
anecoftheCJoutk,
duty by opMibg
I tif late yeari, it
3 fay a few word<
ich theniibncri
Jreel^ word fig:
' Robbery or Be.
[ainft the Xaw of
WthoT, a^ }toitit
iety, and tedn-
ank^d, all ina|i<
5
that puniihment, which, in a fi^tcof nature, an individual might, fcranin*
vaiion of lu> perfon or property ; and indeed it was anciently held that any
Perf«in, who overcame a Pinvc, migtit put him to death without the formal i«
ty of a trial.
By the ancient Common Law, Piracy, if committed hy a fubjeA, washcid to be a fpccies of Treafon, being contrary to his natural allegiance, ami
by an Alien, to be Felony only; biK fmce the ftatme of Treafon«, of the 25 E.
S. c. 2. it is held to be only Felony in a Subjcft. The Court of King's Benchhad certainly a concurrent juriididlion with the Admiralty, in cafes of Felony
done upon the Narrow Seas or Coafts, though it were high Sea, bccauf«
within the King's Realm ofEngland. But this jurifdidlion of the CommonLaw Courts was interrupted by a Special order of the King and Council 35
£. 3. iince which it docs not appear that the Courts of Common Law toolc
cognizance of Crimes —•nmitted upon the High Seas. Lord Coke lays, "There" is a Felony punif e by the Civil Law, bccaufe it is done upon the high" Sea, as Piracy, Robbery, or Murder, whereof the Common Law did ukc no" notice, becaufu it could not be tried by twelve men."
Pirates were tried by the Courts of Admiralty, which propctcded, with-
out a jury, in a method much conformed to the Civil Law, but the exercifc of
a Criminal Jurifdi£tion of that nature was contrary to the genius of tlie Lawaof England, and became very odious to the Nation, inasmuch as a man mightbe deprived iif his life by the opinion of a fingtc judge, tvithout the judgmentof his Peerii : and besides, as innocent per/bns might thus fall a Sacrifice to rhc
caprice of a single man, fo very grois offenders might, and frequently did, ef-
cape punilhment ; for the Rule of the Civil Law is, that no judgment of death
can be given against offenders, without proof by two wi tnefscs, or a confcilion,
of the faA by themfelves. this was always a greatoffence to the Chgliih Na«
tion, and therefore in the time of Henry 6. it wm endeaVonred to apply »
Remedy in Parliament, which then mifcarried for want of the royal affeni.
Afterwards the fiatute SB Hen. 8. was paffed, which enaAed that ail Felouiea
and Robberies, committed on the Seas, or in any place, where the Admi-
rals have jurildiAion, fliould be tried by Comniiflioners to be nominated by
the Lord Chancellor, namely the Admiral or his Deputy, and three or four
others, (among whom two camtnon Law Judges are cooftantly appoint*
ed, and who in effeA try all the Prifoneri,) the IndiAment being
found by a Grand Jury, and afterwards tried by a Petit Jury, As at
Common law, and that the prucucdings (hould be according t« itae
Common Law. By this Court, i'iracies have been ever siqce, and noware, tried in England, but, as it was eftablilhed before the fettleiaent o( ih«Colonics, it was entirely confined to England, and therefore whoa petfoas
charged with the cri.-nc of Piracy were brought into the Colonies, it bi^iiiie
neceOary to fend them to England for trial, and J believe JTWi^lAtbehftperfon who was fent honie for that pur^iofe. To nenedy fo gnat ait in*
convenience and exnencc, the tlatute ofWilliam 3d, was paflM, wixi^' after
reciting the difficulty and eUpi^nce of bringing perfons,who bad folblHlnil^ia*cics in remote parts, te ttia'. in England, enaAs th» «U Pit««iet, fClllitel*A4
1^ (
10 TRIAL OP EDWARD AND MARGARET JORDAN.
M.jeny'. ,flandso,Pla„u.io„s. &T byc«^K.ng's Commifllon. underthe Great SeairEfrr" ^ -Wointed by .henoralty. direfted to any of the Adm ral, &' "n
" T "'?'"' ''^ "'^ Ad-
B'ven upon oath, atid to call a Cn,,rt ^e aj '. '/"y'""^" o«cnce$ ftaU be
nies by 4 Geo i /. ii - /• * ^^* ^'''' ^^'cnded to the Coin
«.r*,,„b. •thea„r»wl„l killin„V ,'"'"'O'—Lord Cofcc-difinei
«f«tll.o»jht either eipref. orimnlicH •• »"^ *f™.on, wi,hTOli,6
'"-UM o. .H.^„d, wooj.:t?ru's„°;.t "'*^-' «'''••
ofthofc offence..• but;S reSt„?h7' ""'"'^ ^"' °' "'^ '><^'5"«ion
fitting . bare Theft. incoZl^^'T. '"''" ^"^ ""-«""-» for com.ae co„.«it a Theft, of her own LT t^ A^Tb" °J
'" ""'"''' ^« '^
her Husband, or be «uil.v of tI^T ' ^ "'*' ''"^ command of
P»nywit.h.orbycoerc''onL'^^:tnd?'^^^^^ " ^'''"'"^' '» -""
.fl'e were sole, I„ this cafe the a.? •" P°ni«'»''''^ as much « if
'^ori.n With the cr.me of MLte^rr^'^^'"'he Prifoner £.«„.,
.and aflifting him to commit it. fheVh r^"^^^'-'^ >'"'''"'. as aiding
-d may be con.ae'drd^ n'istd as J!"'
""'k^"•7^'=' " ^ '"*"^"'"'
, 'i'cTta have been jointly coLitted by Im""''''' '"^^
.^";^:^r^:r^:rth:^z;t^;^i;.^^,I^V*ci^. .hgli be tried, in the f!me ml T '^"'^' '"" Acceflaric. to
'%*«a^ofthc8tl tieo , aL7 "' '^'^'^''P"ncipals. and. by ,he
^fe-W^^^S^^-^PpunisKm^J;A"^«-"- are m,dc Principals, and rendered
^
i
Tl
admini
tlic rvi
only rei
Statute
CTinies,
I
It is
' Majcfty,
againft tl
i "pon tlie
' Court is I
• with his I
' duty will
V, awful caf
Ilecution.
f the prifor
< but, in the
,;than ufual
- vcftigatiot)
In the
^; criminal c;
very turn a
tionofGuil
produce to
ever appeal
fidenec in i
[whatever d(
the unhapp]
your Exc^
Ivcned un^ei
Ithere cannot
ftuteand ihq
orj Innocenc
^behalf of the
|novv.proccec
imemoiry will
|I muft call to
fh'citorGenera
King and, di
«ndetb*rob/i
' JORDAN.
!»c Admirals haveju-Land, inany of Hise appointed by thelicScal of the Ad.:rfoni and officcrtit. who ihall havereal of any of them,1 offence* fhall be:h fliall consift offaid offenders, aco.
' perpetual by aided to the Colo-
Commimon for
have been tried
afTcmblccI to try
rd Coke^dtfineJ
n being, and un-ion, with malice
J, by Sergeant
gh Seas, which,
in considering
up to the ex.which will bethe definition
fordan, it muftId tJjat of her
hough a Femehority, whichnent for com-tusband, yet if
! command of
-fy. in com-as much as if
oner EdwardI, as aiding
» a Principaf,
me had been
:ceflary, that
ccefTarics to
md, by the
id reodercd
t
TRIAL OF EDWARD AND MagarET JORDAN'
])This Court sits here both as Turon an,i i j
*
.Jminifler theXaw, and if your Ex{ J "2, J"''""^'"^ '^' -^ '"
«i.e evidence, which will ^c rroa..cc of rt^r.T^ri;.^;'''''^'' ^^
only remain for you to fcntence them to receive It P !' " "'"
Statuteha. d.re«ed to be i„fl.«ed on .i^:^:Z^TZT''',
cr.n.e,, wherewith thofe P. ifoners now fta„d charged"'°"'
M«. Solicitor General.[ May it pUafe ytiur Excetlemy and honours.
;
It is my province, upon thU folemn occaf.on. as Soiicitor Genertil «f Hi!Majeay to «a,e at large the Evidence, upon which the r "cs of ^1 L":asainft the prifoncrs at the bar have been fn„n j i .
anegaiion
"ponthefubjeaoftheLaw.undertL„ : ':
, TH^'T " '''
Court is now fitting, as my learned end' '''' Honourable
wi.hhisufualprecfsion and abi i^y ^7":.7 r*;:":"^ '»>;
^''*^«'^'°"' ''-
duty Will therefore be, to give to v^fp .
"planat.on. My fole
awful cafe, as it rtandl upo 7a ,1 L" 7 ^
"''""""'' ''''' "^'"^
fccution, will difclofe, an'd upo ^at Te,? I""'""'."""""' "^ "" ^'"-
tl.e prifoners. This duty it fs 1 n^T! ' "'''^°' *'' """''"" "'
but.inthe prefent ^^^^^i:::!^::::^::z::^rT''""""
very turn and eourfe of the e,^denr/fr ' '" '''' '"'""eh"'" ^-
.io-ofGuilt.-In.ddi;Lrto the orc^ of^^^^^^ " "^ "-'-
produceto,.CourUchainofthemo;t-ri:;::iX';:o;r
Whatever doubt, may exift, even in my ow„m„" Is!!''-' "-''"'
lheunh»ppy«;o«a«.,n """I. as tothcconviftionof
ypur Excellency and Hono.r. compofe a high and refpedlable Court r.venedun4.r,. Sutute framedby.he wifdom of our ALftor^ ^ha,'.
therccannpthave been greater or w.fer men upon eaith.antndct Tr^tuteand the oartipr9fcphcd,by it,you are call,.rf,
*
""under that Sta-
Jor, innocencp of. thc.Prifo^eValle Bar''''^''''''°""""''
'"'' °"i''
WoftheCrown,ndoftl^>r^ ;^;,nr:•^ ^''^""^^''-^ -
Inowproceed toaVecitalof .UeCarkcInL^/ '** ^"""'-^ *=•»
re™o,ywiUa„o.me..ndaUh^taa:^^v"rr'*"^''^^fl mufteaUto it the ftcady attention of t^^^rHZut °i
^^°°'' """^ ^-^^r.
i *:mW «»rf, rf*r/., the detail and at tbrJ '" "" "" ^"'^ "-^ '''
^ndotb^obfervations.)'*' "'^'''"'"' «/ '>' ""''^f «^ /p//««-,>^
s ;
h2 TftlAL CF FDWARD AND MARGARET JOBDAN.
Should Uie Eviden»*c come up to my detail of it, of Which I h»VC not a.
doubt, your EjtcellcDcy. and Honouri can have no Difficulty, in yoi>r minds,as to what cburfc your fcnieucc fliould take toward* the Prifoncr Edward Jor.dan. Wiih regard to Margaret Jordan, I admit there are many (hades ofGuilt between her conduct and ttiai of htr hulhand, in the horrid traafacticn ;
hut it is my duty to add that, although in the eye of our Law and of Huma-nity, the coercion of a huA>and may, in mauy cafes of Guilt, extend a great
tvay towari's tlie exculpation of the wife, the principle cannot be applied to a
Criihc orib heinous a nature as Murder ; I muft alio ^dd that, in point of fa£V,
t do not conceive itwitl appear that any coercion of her husband exifted in
thcpvtflie took, tor^ on the contrary, her interference muA have been vo-
luotary, and her feelings could have been under no reflraint from th« (cene
of Blood pKfenting itfelf to her view, when fhe exclaimed, in reply to Stairs
calling for Kelly." '« Is it Kelly you want? HI give you Kelly."—Hercondudt, however, and her fate I am willing to leave, without fuitlier obfer-
'^ation, in the hands of your£xccllency and Honours : Altliough a£ltng for the
King and for the Public, I am not afltamcd to declare that, Ihould your judg-
ment acquit her, it will be no difappointmentto the profecuting C ounfel, and
the Public.wilJ, I am confident, apply the humane maxim of their forefathers,
lo peculiar to the Common Law of our Land, that, <* It is better ninety-nice
" guilty pcrfans (bould efcape, than one innocent pcrfon faflfet."
With regard to the prifoner Edward Jordai^ I cannot but consider his
fife as inevitably forfeited, for it is not hi the power of the human mind to re«
jc^the force of fuch teitimeny, as willfooa appear in bia ptefcncc, fraught
with fuch circumftanees of horror, as cannot bat raife a blufli in the face of
human naturt:.—The crime of this unhappy man has been committed under
llic diabolical influence of alinoft every bad paffion , that could irritate and
sermentbis difturbed foul, nor could tlie prefcnce of his wife and his children
roufca fentimeut in him to oppofc the iuftigation of the (fcvll.> -From the
time of bit quitting Gaspe, until his departure from the Bay of Stills for Ire< \
land, one would imagine that the folc occupation of his mind wax MdOd and
murder. On the other hand, how evident will the teftimony lho«F the inter-
ference of God in throwing continued obftacles in the way of his efcape, 9that he might b* bttiught to the place where he now fiandf, and in fmuringthe prcfcrvatiou of dviddnce, that his guilt might iiot go unptinifhtd. The Iwonderful manner in which Siaiks has been favcd td tehfront hilb, and the
forthcoming of fuch intc&igcnl witncffes, as 1 fhall produce to the Court, pro. 1
cared by the hand of the Pritbncr himfcif, after tlie commi£Sonof the horrid
dced,(hew the manifcft«id of a providence.
As further evidence of the fame providential iDtcrfctence, Imay teferto;
the condamr ioterruptioDS ho met with, in the profecution of hisdest|n to go
to Ireland, to the many times the velTcl was forced into Ports, to-whichUifl
prifoncr never intended to go, to the delays of departure which fo inccfiCutljfl
JOBDAN.
Which I have not a
Uy, in yoitr minds,
'rifoncr Edward Jor«
re many ihadcs of
c horrid trwtfactiun ;
L«w and of Huma-uilt, extend a great
nnot be applied to a
thatr in point of fa^^.
t husband exifted in
nuA have been vo>
aintfrom tli» fcene
i, in reply to Stairs
J you Ke)ly."~.Hcr
ithout fuither obfer-
ilioiigh ailing for the
ti Ihould your judg-
icuting G ounfel, and
I of their forefathers,
s better ninety-nice
fulfer."
9t but consider his
e human mind to re«
hiaprefcncc, fraught
I blulh in the face of
en committed under
t could irritate and
vifc and his childreti
e devil.- -From the
Bay of Bolls for Ire- *,
mind was blood and
ony flie«F the inter-
way of his efrape,
d», and in fiveuring
;6 unptioiflied. Thettofronthiib, and the
ce to the Court, pro.
miCSonof the horrid
rence, Iioay keferto^
t of hit desdkn to goj
Ports, to^whichtlM
which fo ince£Eutl]i|
TRIAL OF EDWARD AXD MARGARET JORDAN'. li
occarrcdj and. laft of all, to the fuJJen appearance of His Majefty's fchoftncrCutUe. wluch met him at the very moment of hi, flight, and afcer he iiad pro.
?„7„"^K ; " ^ry '° "* ""^' *''" *°"'"^ " «" " »"«•>*" '» «'ikc terrorinto thofc around him, by wholfe hands he vainly hoped to effo« his efc.pe
founded. So pUm and fo forcible WiU bfe the impreffion of the proof, upon themindsof your Excellency and Honours, fubftantiating, beyond the pouibility•fadoubt. the guilt of the pri«,ner Edward Jordan, that 1 Ihall not take up thefurther time of the Court, in roafoning upon the evidence, or making anyaddiuonal remarks upon the nature of it: the tale is tedious, butitis an awfuland an intcrefting one.
To your Excellency and to yo« Honours I now commit the Prifotiers ...You coropofe a Conrt. to which the ey. of an Engii.Oiman. it i, true, is notmuch accuftomed
;but you are a Court high .ad honourable, to whom the nri
foners may well truft their lives, in full reliance upon your ability, your in"-tegrity and your independence. The Prifoners may Be looking round for .Jury, a s.ght fam.har to us all in a Britifli Ornrt, and dear to every one bf u-or I verdy bel.eve we .mb.bc the love of it in our mother's milk, hut, Jonthe prefent occasion, the forms of a law. different from our own are 7,Zw.feft purpofcs. direfted to be«bfe>ved. This can work no in'ufticTo
" 'ry to the pnfoncrs. who. if not tried here, mu.l have becH font ti^ng^^njZlthere tned. byajnry .t is true, but in a ftrange find fn v mO^ ihl Vcould have been known, or hoard of. but in tf.e rechij;. "^^^ ':Zto dagainftUjcm and where they could have been, but «o«,Wo, ^iod bytheir P<,rs, the great and
j uft boaft of our Comtnon Law TribunalsThus i:ar I have difcharged my duty in opening this important cafe toyour Excellency and Honours.-Tou. Sir. and the honourable Men on eacuside of yon. have a more fcrious part to aft upon this occasion which k^o doubt. wUl bemoft coafc^ntioufly and religioufly pcrf: ;:j'?„; „'"!
performance of which. ,yo„ will have the faU'^aion oHoingTC IJchyou owe to your King, to your feUow Subjeds. and to your Q^ ^'
(ortilTci;:^?"''""'"^''hfeshouldp.ceed to examine th^ Witnefles
low.^1"*^"""* ^'"^ """'' ""* ^*""' '''• """'"^"J.* »hd depofcdo, fo:.
lam a Mariner and Ship Mailer^ and had laft the comm=-rf «* .tSchoOnlr^Three-Sifter.. which! received, on b, dZt ihl'.ri / .laft. frOmMerrs. jen.rtt.nand JohnTremain at hSx I fa .S'r
°' ^^'^place, in the faioe Schooner, on or abo« the miZ.tJ"' '""
bound to Perc^e InCasp.. foruie purpbfeof prIS,J:!3Cato7;^^^^^^^Edward Jordan the Prifoher at tl>e Bw The cr!w .
C"go of Fish frent.
have beci^ omitted^ and the siifwer. to llirm cw.dever, has been taken to prcftrvi-, as much iis p6§
part or fheqiieflioriiIfJiled iu many places ; t
pofiible. tlicijortl. rtldby tj
aif, ti<m'-
liC nitiicff.
U TRIAL OP EDWARD AND MARGARET JORDAN.
sZX .STfr;(threej„l. „i .„ebo,) p,rt^.,ge«. On the Wh of
hind 'e,w|^l hf^;;!"'* 'r«'•"''^'^»'"«'«hbcfidc..adr.U*,be.
in«an.Mirch::irr h^w rx:;"L':*r'.Lrre'"''/"^'"^-^
wai almoft Winded hv th» «..-.j- u' *' ''* *""'*' " »' ««• I
^on.c of ..e itti rjanTnt'.Xl' '""h" k''T" "' ''''^•' '*^'»«
knec^ crying out, "Oh mvGo7. r""•'',.•"""' »>'«»«• Heath fell on hi.
and wipeJ away bloJd ^Za „ J"* '""*'•*•"
' P" "^ »>»"<' '« "T f«cHeath ZE^l^lTZTJrj^tT"^ "^ Hea.,or„Veif.
to my trunk for my piftouXt ut^ L, ." ".""" '" '"^'^"'^' ^ »"
»henf.archedforac«Uh b^^;ir /ir "P*"' *'"'•»" P'^ol* gone, i
«ndeck. and.a.Iw««^i.Tl^J"^***'^''"*- A"""*««««n.iaed togbthe ladder. .p'Vor"Kft h.«d 1?"
*=«»'"« •>«'^"-"« had one foot oh
muzzle, wicaedufrom him.aadthJewitorerboard, at theM«/, ™. i „ ?.
B7thuL?ikT?"" '""''^' •''• *^''"*""'^ wounded, and feU dowaBy th.. time I had taken the axe from Jordan, and was try in* to hit him JI.^.t. btu he held me fo faft that I wa. unable f do fo , I. ho^eler 2" /h'axe overboard.,While I wa. calling Kelly to my aflilancrMa^^^ r,j'!«ruckmefevejaltin,c. with a boat-hook handle. Uylnl^ ''?^^kZ I-"^, rUfi^ey^u Keify," Befbrt, I camt, cut 6f 'JZS. Ih»Ll2r*
rLf«' Z^.'^'r^'Tr'
much-After getting myf.,, de^r from Md.nwent aftand got an axe, with which he returned, and, pisngby Maithev,,ftruck him three or four »,t.ko. onthe t-ck of the he«l.^lnding U,e« wal
anV al' * **'7 • r^ ""''"'•* •" ^^' ' *'*'' •»« "atch into .he fe,
^3^x1;,""' r"•'•'"' "^^ "'""'*• Whilelwaaftruggling
," uh Jordan. Kelly appeared <o me to be in the att!t«le of loading a piftol,-I ei«a.n^ on the hatch in the water, about three honr.anda half, and w..^v l,it p.eked „p almoil fenfdeft, by an American Pifting SchooneV-.A^r
1 nn,. ,0 n,y fenfcs I went upon deck, and, with a fpygUft. could perceive
me or tw(
lut wai
ltd him 1
light rec
Y^eviatie frc
*^e under
Iniore at H•fat Hingiiai
land came t
|Piracy in th
?the differci
hSolicitor
fwlieo you
prereallfol
JQ.When
fdewn; Ib<
^ Q.Wher
i Q. Whei|Jcck> A.
It^. When
a>efore the '
^ Q. Did yi
9. WereQ.Wcret
;. Q. Wa. til
93d in hU h|tnow. 1 wa,: Q. Did y(
iflid not.
I Q. Where
<J-.When;
Itck.
Q. What F
l>oat-hook hj
«J. or wh!
Q. Atwhaber blow. }
Iruggling toj
Q. Were t'
Q. During (
bcfl of her w(j.Whrny
fore the wine
Q. Did youvent at the 1
liauled up for
ET JORDAN.
airired at'Gup<freight, coafiftinc
>hilut Fox, about
•a hnndrect from
Tgo I tarlcd troni
. The crew and
liomat H<-ath, anddan his wife, andOn the 13th ot'
White Head, and, who was at the
twelve o'clock, I
>ns in the cabifa
(i(j, and rather be.
tta,ifawapiftol
acic, and Jordanlimed it at lae. I
) my nofe, taking
Head) fell on bit
' hand to my face
heatli or nyt'elf.
to myfelf, 1 nmP piiloh gone. I
deteimincd to g{>
i had one foot oh-I feizcd iMild ot*— 1 flieved biiji
ily fetaed by the
etimcIwaicaU.
egavenoBoan.and Cell iown.
;to hit him with
^ver,ilnrewthc
largaret Jsrdaa' /' iV KeUyyokheard dtftitiAly
(aw Ifeatb ly.
ir froaa Jordan
,
of defence; he
K by Matthews,
uiing tlieae w»Itch into the fea
wai ^TvfgWnz ^
ling a pifiol,...
half, and watDoner—ATter
:ould perceive
PRIAL OF EDWARD AND MARGARET JORDAN. 1^•ine ortwo fail at a great diftance to Leeward.-Upon the raptain'. aflcing me4v^. wa. the matter uith my nofc. and how gunpowder cam. into my «„ f*m h.m What had happened, and requeued him to bear up. and periup, we. J..ght recover the Schooner Three Sitter.; but he faiS he w^nld n^Pevate frort hi. voyage, a. he was inlurcd. and. if ,ny thing ftould happen^e underwruer. would not be .nfwen.b,e. 1 then asked him to put mcl*#hore at Hal. ax, byt he refufed. for fear of having hi. n,en prelTed.-lrZZ.|.t H,ngl«m m the State of Maffachufett. Bay. where 1 extended a PJchJind cme on to Halifa x, havingm pobhtoed an account of the Murder ani?P.racy m tl,e Newfpaper.. and caufed circuUr letter, respeaing it to befcnt t!|lhe aiffercnt CoUeAor. in the United States.
ISoliattr General. Were the pertons on board, or any of them, intoxicated
fwheo you went down into the cabin for your ^uadnuit ? Anfiver. No the^fwereaUfober.
^ ^ «o. they
j Q. Where were Jordan', children at this time ? A. They were all aft fittirfrl»wn; I believe tiiere was a feather bed beii>r<; iheni
.
^
I Q. Where wa. the prifoner M. Jordan ? A. On the quarter deck
#e?k »'^A."Yer,*'"* '"'" '*'' "''"'' "*'"' *" '"* "'*' *"*" '•"''^"«^" "'^
\:^ti^'£^^ ^' About ten m.„ut;
*
S' w"*^"" lock your trunk then? A. Yes. and went upondeck
9. Were your piftols then m your trunk .» A. Yes I obferveH tu»L .k^ Q. Were tuey loaded? A.They w,^o.
'^- *"'* '"''<="'^<' »^>n there.
. Q. Wa. lUo pilTol which Jordan lircd throuch the skvli^hr or .hn, ...i.' u ..
iad in hU hand, when he met you on ..,e ifddc"
y/u 'oXi a d „'o^|tnow, I was too much confufed 10 obfervc.A. 1 ao not
^ <i. Did you obfcrvc any other pcrfon have a piftol befides Jordan i A I3p\\x not. .... ,
I<}. Where was Kelly all the time ? A. At the helia
it?k^'""'^"^ """"^ "^ ^"""^ '^'"'"' '^*' ^' •^"'•'""- ^' °" "'*' ^"^""-
both^'oik St"''''"' "' ""^ ''"^^
•' ^' '''' "'"^'^ ™« -'''' ' ''"'^'=»
Q. 01 what thickness ? A. I cannot fay cxaflly.
te^Woi." "A 7he*".™ck tT.'*"' "'^ "'"^^ ''"'• "" ^^'^' "^'^ *^ »'"»
KL.Z! \ :.?^
• T ''^°" "'"^'^ '»'""' -"M* I «d Jordan werePruggling togeUicr, and aimed at my head and leg.j« «i «t c
q. Were t>u! chUdrcn on tleck the whole time? *A. They were
lor^t^e'Zr ""• "" '•^^ '"'**- *« «-«»«'
A. 0/r her ce«,re. be,
puled«p forme, butagain m^Vfo^oThX^t^ *''
'
**^ •"^''-
rrom'jJi';mi*;^r,f°"*^"'"".^»'°''''''^*'""' M»njarct Jordan w« on deck,^rom t|c ume that.yo. uxnt for your quadrant, until you returned ? A. 1 ,i
ff
!
4
illM
I
II
!
Ill
16 TRIAL OF EDWARD Al^D MARGARET JORDAN
on deck, it wa. directed ..you? A I am poS. ''"" ""'"« 1^" -'
"
i'rf/. Did you receive any material injury from th* hi».». • leftien, i
Edward Jordan ? A. No, they hurt me a little.^ °"
f^ide a ma
the^mL^i'I"**" ^" **"«"" ^"''*^" '^'''» *« boat-hook handle in her hand ^°'' '"'"^ J"
the moment you came on deck > A. I had enough to do to uke careof ^v 1^" 'he re
PrZu ir '"'J''^'*"•* '^^ »"« "> oWer^any thiirifaw^r ^>*n again.
c^r ""lyzt:"' '"'""' '"" ^"" p'""'* -«"' '»'^" 'rom thef dot;
Cra// Examined.
^««»'/.V^«-HadyouanyPiftoUofyourownonboardthefchoone,tvhcn you failed from Gaspe? A. I had.
a^a tne ichoonei
A. I .old a pd,r of Pocket Piftol, to an officer in the armyThe Witnefs then withdrew.
Hi'
as fo,^^:^'''" "" ''^" ""^'' ^"^- ^^"'2 ^-- -«^ -a«"«d. he depofcJ
i.vedtel' '''^rr"""^ '•"°"''" '" ^""""^ ^='y •" Newfoundland, i have
1 came alv"^^^^*"' '"*^ "»-"n°"o«- ^i» be eight week, fmcc I left ir.
cither bvZ„ «,"T? *'"* "° P"'""" ^'^^^"^ J-''^*"' '^"° '»>« ^^"
inrlrtno r °'^°'""^*'*"'*^'"'~'"-^ «'« ^a*- him in Little Bay
r^ulT^T ^^'""^ *" **"''" '^"' ^*"' °^ September laft. On that day, wbic)>
Se olTrAT'"" ^T^«he fchooner Three Si«ersmordertoge..paf.
faje to Hahfax; I wa, told (hew.., ftort of l«..d,.and I Ihlpped, wii theprl-W Ed^a,d j„rt^^ ,, ,^^^ ^^ ^^.^ pj^^,
^^^ ^^. ^^^ ^ ^^ ^^^^ ^ ^^^^mto 'he hold to do fome work; i f.„. the fi(h tortcd about i„ ,„ unufua^ man-
w^:: r; :r:""^^ ^-^-^
'- ^^^ -^^ ^-^^^^-^ '^« p- •«' «•'« hT.
voudon'rrr""" 'he run.,way account; Crew* thea faid " Ify- don
. g., r .on, either... We were going on (horc. all hand, pf «,, in the
[ordan thei
»f fiih, anc
nyfelfnot
|old me th
lunilh me,
ty thing! o
xounti. I
thought he
im I futp<
).— I told
id which 1
>e wooda f<
I did notI
rould publi:
Newfouni
if objeAioi
lunt ; he i
le was Iteer
to St. Marj
>ere fix or fi
er William
Tavigator;
—
ifere we coi
lailed the bos
lUl.
GAUEt JORDAN
ITRIAL OF EDWARD AND MARGARET JORDAN 1?
y^ u. ..e .o„ «.terror*:ir.r:z;;r'?r:i;r^- *^
comiB, ^„ „„^ ,„^,,„gJ ,„ j,^ ,^ ^^ fchooner. I thought that, if I did not ge t the prothe blow, given you bj
?^''"' *' '^""''^^ ' ^"""^ """'""' ^°' "y "« 8oi"«i f<> » "flced Stair, againfending yeurfelf againrt
'*^'"' '""^' "" •"' ""fweringme that he could not give it to me. I told him toLtide a man in my place
;he then went into ihc counting houfc of Mr Thorn'
»ok handle in her hand, t^'"'"^ J°"^'" '^" ' ^""'"^ ""' K" 5 J"''''" 'hen cam. out and aUted me what'
. do to uke care of my..r" '»>« '"f»n '^.t I would not go; 1 told him I didnot w«.t to go • he wen'.l,H"*'i?^1"- ^ "'""• '"^ "^" '^'- '^*"""' '"« W'"''»'" Crewe and 1 would ILnjo.danbef«e.e...
-rzT;j::r-^'z:::^T7-'^^'^^^^we. taken from .^ ^^
^^T' r ^^ ^^^^^^ ^a^^.^d underltand how h. ^ y ^ ;^°:: 7V H
'"''
l'""" ^" "^^ ""'"^'^ »''= »«'«'• "'•^
.on.tku...e.pt.n.:pei::rif:::tr;t-^
.nboardthe._lt::::ri-—-—
..yrelf .ot to go .n could help it. but Mr. Thorn and the/uHi of"
!
«
iold me that xf 1 did not go on board, they would tie me to tJ.e d^XsZ'.y thmg. on board, and came on ihore again, two d.y, after, for my biU. a^dxount.. I wentto the counting houfc. and alked forthem, and toH Ifr Tho^J
-
thought he had put me into a hobble, he aflted me how w.. la. !ld?. ^
;.m I fulpedled we were not going to Halifax, he aik"^ t"; tLlf0.-I told him I judged io from the thing, which Jordi wa. buviUZ>d Which he could get much cheaper in Halifax.. -and Thad SrC:,e wood, for my money, and leave all my thing, on board, he tol'me ZI d.d no go on board, he would put me in Iron,, and if I ran away "hat k.ould pubhlh me in the paper,, fo that I Ihould not be able to ZZ' ..Newfoundland. , then returned on board, and JoLa„ led me w7
""'^
. <>.e^on_ to ,oing. , told him I expea;d ..e'::^::^2:^2>unt5
he fa.d he wa, not. We put out to fea Ihortly after : I did ZtLrl
ravigator,-.We took m a'^1 tXlfd" forStVf"^7 * "''"' " *
=fo« we could make anv harbou wT''
k^^ " '' Newfoundland; but.
i«lledtheboatmafter.a„daShT;rirH r* ''°''-^^^^and Mkedhimto^let him hav. apaffas^to St. John's, jor.
ur piftol. in Gafpc >
tic army.
xamlned. hedepofeJ
ewfoundUnd. i have
: week, flncc I left ir.
rdan. who then Wentraw him in Little BayOn that day, wbiclk
m order to get a paf*
hipped, with the pri.
Iwajfentbyjotdan
( in an unufual man-it part of the hatch
weU at mytel^ and
eafltcd nieforwhati
>rew« then faid "jf
'I hands of nt, in the
;; iI
18 TRIAL OF EDWARD AND MARGARET JORDAN.
Win and I weni In the >K)at io St. John'i to get a N>vij«or, leaving'tht fcbocner«IK at fca, ai ftic had nm wind to carry her into any harhotir. Wc got a K,.vigatoratSf. JM..,i, and went to fcvcral harbourt in fearch of the fchooner'and at lat) found her atTrcpMl..-«. We went on bwrd (|,c right of our .rrival'Soon «ftt:r, Jortlaii, who, i fuppofrd, wai drunk, and Ktlly. (,l,e mart wujl«rmcr|y calJid himfelf Stain, but wl.ofe nat«c 1 th< n knew) had fomc wordiand fttuck one another; the former ran tc a trunk*, where two piitoU «I.ways lay, hut could not find Uiera there, a* Kelly had them und< r hit bed. 1
few Kelly taking the pilluU from undir the bed, and called to Power whocame and took them from him. Jordan, fcveral time., wanted one of the piflohor the muf.iuet to ihoot his wife, and would have done ii only for myfclf The 'Jnext morning Marga'C. Jordan called me up, ,n ho-,T before .lay, ,nd afkod '«
me to put her on niorc. and let her take fomeof her cl..thc« with her, as fhe wa*Jalra.d her hufban*! would kill her. I '"W her he Ihould not, while ftcwi- Iand r were on boau). She then faid fhe would hcive h: r li:e on my hands IHold herlwouldgonn fhore, and bring a neighbour of l.cr's, whomighiJtike her on Ihore if h» ch.fc. She told me, if I would carry her alhorcl<nc would tell me fomeihm^ that would be of fervicc to mc. Crewe, Powei ,
*
and I then pulled. tip ourchcfts through the main hatth ; upon whicji Jordai' ifaid he would (hoot the next pttfon, who Ihould (iait his chcft out of that.He fa id thcn.arftl fo-veral times before and after, that he would fhoot his vv if.
becaufe (he was tlip only p'-'fion in the world that could han^^ him. I of!, naOted her, what he n>cant liy ihat expreflion, and (hsi faid it' was' only thetftiet of liquor. Jordan told mc, that he owed fomc mont7 in Halif.ix, andtlYat he wanted to go to foinc market, where he might di'pofe of his cargo tothe grcatef; advantage, in order to difcharge the debt.
• Solicitor Cenerai-^M/hcte did yoa firft difcovec that his name watjor-dan ? A. At St. Mark's, hot cannot recolleft when.
Q.W^heii did ymidifcover that the mar, who etllcd himfelf John Stai.s,was JoSn Kelly > A.I cannot leeolloa when 6r where, but I think ii wajat St. Mary's, •,.' •
,
. r
Q. Did Jordan go much about thearects at St. John's, and by what nameA. He fcldom xvent about the ttrcets, but, when he did, he fomcti'merwcntfcy the name of Jordan, Bt other tiimcs, by the name of Tremain.
Q. How was the wind while on ti.c paOege from Trepaffey to the Bay ofBulls ? a; Sometimes calm and at other times a free wind, we had no headw:nd,
^jjat made you put into the Bay of Bulls > A. Toilet Se* Stock
(you get enough ' A. Th?t would, be according to the place wherew«..,^8We bound.
^vto what place were you bound from the Bay of Bulls? A. I did notk'nQw >vhcrc
j Jordan mentioned fo many different places....., ^
r
Q, The morning you failed from the Bay of Bulls, \yas the Prifoner, Ed-ward Jordan in a hurry to get ofiF ? A. Yes, he was very anxious that morn-^Z. and mdce^pwavs. to get away, but I do not know the reafon:
ET JOBDAN.
or, leavinj'th? fcfro€»ii«r
urhonr. Wc got a Kj.eaich of the fchoouer,
t^c right of our •rrival.
d Ktlly, (tlieman wUenew) had fomc wordjwhere two pUtoU al-
licm under hit bed. I
I called to Power, whuintod oncof (hcpiftoh,
ii only lor myfcll". Tht;
before day, and afkod %icswithher.iisnie wai,^4dd not, while ftcvvi; I
lur liic on my hands. |irof her's, whomight^'uld carry her alhorc-,^
me. Crewe, Powci, '
i upon wlii(;h Jordan fhis chcft out of ihut.
' would (hoot his vvif.
Id han^; him. I oHt n
faid it was' only tjjc
ioni7 in Halif.ix, andi'pofe ofhis cargo to §
lat his nanac was Jor- 'i
I himfcif John Sta;«, ^
• TRIAL OP EDWARD AND MARGARET JOPDAM. 1<>
-id y?u 7rZZ::Z can;'''T y;.7?w'""•' '""" ''" ''•^''^"""•' •"
'
himcut thr cable. ' * ^'' """"'• ''"^ ""^ •''"•' "^ t*^
PrtndtHt.~How did you difcovcr that the man. who called himself Joh^Sl..r,, was not John Stairs, hut John Kelly ? A. By one of tho ,.rifontr*eillmghim John K;.liy.
a Jr"'!"'^".'^"""'''''"''' ^''^''^ M'J^" cv,rfayh,wa. bound tp.a port m Ireland ? A- \'ti, to Limciick.
(rnf; RtaminfdMr. WVi,W.-,Doyou knov. wh,t<.ncd U>e Prtfoncr Edward lord,, 'o
«.«.r .he threat,, you have l.ud he made at TrepalTey. .g..nU h.s w,.( >-v. ido not.
<^. Had Edward Jordan any arir.s in his poncho i ,„ ,h.u - ,iv
r:»Je an attempt to gctachargt-d mjsUct, wh ch v.i .n ml -. v, .
^ •'whif h I hid before ttkcn nut. ind w. t
•'- ...,-.- „ .,-
% V- '*'• 1- '' >.•-" .f ••'
• ?rr- .••-. . ,.. .• \
A. .:
h.:J I
.
fav.
, but I think.
Staivs,ji
ii-was if
, and by what name '
Jhe fometi'merwcnt
main.
epalTey to the Bay of
nd, we bad no head
ojCt Sea Stpclc.
; to the place where
ulls? A. I did not
s.
IS the Prifoner, Ed*
anxious that mern-
ic reafon:
'iV"-^"'i rrj..i • i t,.r '.
•A-.r.,!„v.v.:. S'^ve....;;n:.-1,. .rr.r.v-.p.f^.nn.:...ftr.l.at^
.
\"" ^^'^ -oM ....„,. ,.,.,, ..dn...,.v.,,.v> ,,„.,, iw;,cd.he
er's ^•^^i '
4 1
Q '' u .,r r.; ,r,or M.irgatet Jordan, at all times, from the time you Srft
,.'Pcar to b.-in great fear«f her hnsb.ind, and altogether r.ndcr his
) ? A. Yes she did.
Q. When were .he arms taken nway from the Prifoner Edward Jordan byy .J, and locked up or rendered nfclefs, in the manner you have ftatcd. andwere was the rcffel at that time ? A. At TrcpalTcy, I do not retoHeft the dayof tiic month. '
Q. Was it before the taking away the arm., thit the ehefts were brough^upon dtck? A. The arms were taken away the evening before.
Ci^Did the Prifoner Edward Jordan know the *rms were taken away (ron»him ? A. Ho did the next day.
Q. At what time the next day ? A. I think it was in the afternoon.(Here the mtn^fi hesitated a liHte and then Jbid.) I now recoll^t he
milTed the PifloUUie fame night, but did notknftw where they were, until the"extday.
Qi As Edward Jordan', arms were, by your account, taken from him, theevemng before thechcfls were brought upon deck, how was he to executethe threat, he afterwards made, ofshooting any perfon, who removed his cheft
»
A. It was unlikely that any one wimld have kept the arms from him. a* thoyKnew they belonged to him, and were in a boat alongside the Schooner.
Q^ When you asked the Prifoner Margaret Jordan, what her husbindmeant, when he laid flte was the only petfon in the world that could hang him
( I
i II
20 THiAL OF EDWARD AND MAIOARET JOIDANwai Edw.nd Jordan prcfcnt. or on hoarJ tlio Schooner ? A. He wai not pMfentbW I ii»!i>lc he wai on board.
Q. i'^'d the Prifoner Margaret Jord^in. from the time you firft fawher, ap,pear to be afraid of Krlly. ai well a» of her huihand ? A. No, notai I faw.
Q. How, and in ivhjt manner, WiM flu nftd hy tho Prifoner Gdward Jor-d.iu. and Kelly > A. Very .nc|!flr(.reinly by the Pr.foncr Edward Jordnn, out 1
Old not ffc UtT ill ufod by Kelly.
The Witnefa then withdrew, and tl»€ Court •djourn.J uniil ten o'clock.-the next day.
On Friday the »tth of November, the Court alTcmSlcd, pvrH lut toadjourn.mcnt, and, being c;»lled over by the Registrar, the fame member* appearedprefmat h.u,rc._Thc Court was then opened, in the ufual manner, by theDeputy Pn.voit .Marfli.MI, and the Solicitor General proceeded to call PatritkI'oivtr, u uo w.ii fworu by the Rcgirtrar, and being examined, depolcd a*
I firlt Became acquainted with the PrlforerJ at the Bar, at St. John's in theJfland of Ncwioundland._l had come from the French Ihore to St. John',w.ih 1 carg., of h(h,...Whcn 1 came t,. the Wharl. the boatman, who hadl-rought ILUvvajJ JorJan il.o Piifoncr at Hie Bar, (who then went by the nameof John Tn ma n,) Did me, he was very happyto ireti me, as 1 had been in
the habit of gning home to Ireland, every fall, for fupplics for the fifh-
cry—He alfo told me thai Jordan wanted a navigator, and that he had a veffel
and cargo lying at the Bay ui Bulls. He IMn went and tuld Jordan that he hadinciwith.anavigator.—Jordan, John PipiM, and 1, went to a private room,whce Jordan told me that he had a veffel lyinu at the Bay of Bulls, laden withlifti, and that he had four hands on boaid, and wanted me to navigate her toLimerick or Calway, in Ireland, I accordingly agreed with him for thatvoyage.
Here the witnefs produced the/hipping paper, ofwhich begave the followingaccount
:
I vyrqtc il on the 19th of 0<aobor !aft, in St. John's at the requeft of Jordan,who fubfcrlbed it by ihe name of jol»n Tfemaisi : it was to <jngage me to go toIreland.
T,i e paper wat then read :/; H,. .:.gi/l,ar, and -u-.u atfollows :
)9ihOaoher, 1805.I do hereby acknowledge to have agreed and fettled with John Tremain,
tofcrve as Mafterof the fchooner Three Si«er», bound to Limerick, in IreUnd^and is to have as wftges j^M per month- (Signed,; JOHN TREMAIN.From the day of the date hereof until the 6ih day of May in the year 1810,
and the fame p.y per month to remain longer. (Signed,) JOIIN TREMAIN.T7>/ witnefs tSten prfeeeded."-ln coixfequence of this agreement, I was em.
ployed as Mailer, on board the fchooner Three Sifters, on a voyijpeto Lim"<r.cli, m Ireland, and took charge of her, as Maftcr. on cr about the 25th or
#'
**»*
RETJOIOAN
A,, ile was nor pMfenk
e you firft faw her, ip-
L No, not ai I faw,
Prifoncr Edward Jor-
Idward Jurdnn, unt 1
>.'J uniil ten o'clock-
,p"ir, lilt to adjourn.
: member* appeared
fnal wanner, by the
Bded tr» call Patrick
imiiied, deputed a*
r, at St. John*! in the
ihore to St. John's
; boatman, who had
n went by the name
le, as 1 had been in
ipplics fur the fifh-
1 that he had a vcifel
Id Jordan that he had
It tu a private room,
of Balls, laden with
ic to oavigats her to
I with him for that
egave tbe following
\e rcqueft of Jordan,
I :ngage me to go to
ajfollows
!
Oftoher, 1809.
with John Tremain,
.imerick, in IreUod
N TREMAIN.
ty in the year 1810,
'
JOIIN TREMAIN.
reement, I was em.
m a voyace tu Lim'
r about the 23th or
UAL OF BDWAtD AND MAfcOARKT JORDAJf. 21
b "'*f?".!." '^"^P'^^'y- W'^O" ' •I'WJ with lordao >fl 5t. Job... h«kd m. I Au.Udtow,thhift.hcnrud.y. for h. was l„ . gre« ,arr,^^
kid h.m I would be ready.-.We could no. find a boat, for two or thr^'iay.b csrry u. round to the Bay of B«ll.. where J.udan told Me the velTolUy .Jfunn, that time, I afked the prifoner to take . walk, and vre wouL lookbra boat, and sOied him, why he kept himfelf ("o conHncd ,o hi. lod.inr..
I *^ JlV^rl"•T. ^'""'' """"^ '"" *'• •»•""'•• »"«' he wa, afratd ofL
hldrte^»,d.fhew«lkedout....Wegot a boat a. the end ,f throe day,, »Ta»Ucd from S*. John . to the Bay of Bull,, but did not find . .« .effcl thcre.."-
.fchooner was there bound to St. John's, and I demanded a paffagc back to
hat pUce.~.iotdan then carneflly in.reated me to go to a pUce called Aqua.
L^lir,K; ,r?*iT'""'^; '^°""'*"'* "*= veffel,...Hc told meat th«"ame tmic. that, if he d.d not Ind the veffel there, he would give we an order
kqu^Fort hut thcveffcl wa. nottherc :,.-|,e requeftcd,a. I had c. me to far.".t I would », to Trepaffey with him...-We went, and found the veffel there.
out an hour after dark ^c went on board, «,d found John Kelly andirUham Crewe, and the prifoner'. fo«,childrcn.-Jordan demanded t Kellrvl.erehu(Jor4u.'.)wifew«. Kelly told him flie was alhore.-Jord ntbcnefiredtwomentogoaOiorein the boa after her-.-Kelly told him that no
iltx .T T i:""' •"' "*" ''•"'^'^' (KeUy)....Jor;,„ was much dif-
^urbed , tk«, ..rf u>ld Kelly that he would go with him after het ...Jo,d».,
When Jordan came on board, he went to bed immediately.—The boatmM^got, Ke.^«„, myfelf. fat updrinkin, grog in the c.^. with ieX-!Margaret Jordan. SbArtly afterwards. Jordancame out of bed, and faid, "You.hore, Ihear you ulk,"...There being a mofket. fupporied by feme naih. in
Ihc beams of the cabin. Jordan laid hold of it, upon which the woman fcreet . -'Ed, and told me to uke it from him,-I <)id fo, and gave it to one of the b«.
irrJ°Jir"
i'* ^^r'*^'n«™ing.~.JonJan. Kelly, and Margaret JoHan
fegan to «ght....Jordan demanded his piflqls ;md the mufket tp Qiaot Kell;^
^ l!" '7f''" ^' '*'•'' »"'' 'eP'inwnded her ieveral times, for being afhorr
With Kelly. Kelly then faid, he IhoukI not take his life for Qotfiing and.'Jummg fonnd. weni to the head of his bed. from which he returned will, twoi»ftol.. one in each hand.-l fcixed him. and took thepiitols away.-HetoWrme thn hew., only going to hide the piftol. from Jo*l«,, for that 1 did notknow what kuML«f'a man lordan was._^M<»..<^ i-.j. ...I, . ^^,r,_ ^" '"" J"**" '»»*-*Marg«fe6 Jordan then went uponIdeck. .n4
1 foltowedher to give thepitota, whi<;h I had takenlfrom K«il»
Rethrow thep.^ol. overboard. fay,rig, .B.ho<i«etime, "Itewer. Pbw«, yon
Ittr ?Tr il"*':?'''''"'^ ^^^'"^-^'^ ^d .^pctedher requ.asev«tl
|t.m«....| ra,d I ^onld ««. thmw them oteibo.«»^..Kelly foltewmd me- ondeck. «.d told me again, that he wa, only going to p.: the piftX^"'tJ not ««Hnc aj tft«n,
".faying, at the f^mc tim^, "Dp not let the
rejor-
piflola
m111!
Jit'ii
1 '
i!
1 !
'1d
'
!
>^'
i\t
22 TRJAL OP EDtVARD AND MARGAKET JORttA^J
!^^? •
'. V 7' ?" *** ''"''"* "'"'' '° 8° '*"<' "»--l 'oW him that 1•'ourdnot let Jordan have them ag.in. and alfoaflted hini if there were ammore arm. on board ,-.Be faid there wa. a half muiket and a cutlaft. and ,olc
T L°r „"" f**•
,
'"" "*'=" '*»y' "' ' '^°»'«> ""^ ''«"y for it: I found
the half mufket. but could no( find the ciulaf..-..Hre pacified Jordan -Mar..Jttet Jorts., faid. "CiVehirt* Comp runrandhe will go to tfeep," faccordin,. jIt drd to. and he went to deep j bUti Wfore he went to bed. he faid •• D' Inot Wtftai ivoman t-ftme^obed with iheto-night. or 1 wilttake her life
" .
'
-!?/?!"? J*^'*^" '"J' °" »•*« l«*<^tet until ab.»ut an hour before day, <eh«fl fh,
ut«hiH"/'f•''"'/''" '•'^'' ^''"^ -"<"" rt.e talked fome time. an^.
I overheard her fay.ng feveral t.m*. tohim. "Take me aftore or he w.n kill|
'T-"-y' ^"^"^ ^^ J"k. »»d ft* W^ent to her trunk anJtotfk Out Ibmel
1 ! .; !'5*«'^^*'"C» ret r*ot put her ori fhbre. or elfe to db it ihyfell.-. I,r oW her rt^tl wb„W irot dor eithe.^ arid added. iH^ I bad h,J*W W^ eobver-
1
7'*» '"•''•igof, and that fhe trould be^on^ for it if fhe went on'QMit. $h, |k" f*^'
*"'*^*"''" **"' ta^e rtiy hfe befbrtS t get tb Irtland," *iid tetd «, |nai I had better i^t Mt go on fhotc, frying, »t the (aitie timo. that I wu .
nraogcri but Pigot knew what a eriM life ftie led with Jordan.-^l t>re««iedupon her to remain on boatd of the aehooner.-.About an hotit befone fMtriftjowttn got oirt of hi. bad, and went upon d«ck.-*»e wm mnwn»laWard,Margaret JoTdart awdl weutbttwcen them, upon which he kid bold of mimitt breaa. and demanded hU anfii,—While he and I were thus eatantledJJwjBret Jr.rdai», coining behind me, ftapped me o* the flaeulder, a^d faic 4tte^would W«nie me with her bfe. be c«rie I did no, let her go on (hore in th. Imwrnng, je«,,^ ,h«n faid, •* You, Power, have been with her all night a, fw«iM the reft r upott which 1 replied, "Ufobow you pleafe now."- ^S^e fcrceehe*artd faid, o Power, arfe yo« «e»ngtole*him ukemy life." l|
IrlLi*.?*^***'***""**""' """^ '°*'* *»'* *»« »"• «"»««'* «" hurt her. and iP^iKM hlnl k little..-ribiaidi that if Ah- would ^ into tbepabin with him,«e Wflrted'to fpe»fcwh«r, »t&. would give me hii band add word that he
w«u»«ofc ilrtite o» hurt her. Then they both Went into the abin. and wereon good terms the remainder of that day..-Jerdan ha« ptomifed the boatmac
r«S''""*''* '"''* '**""<'' *«"• "»« bortman alked me to «« and rtrqucr
JwVttnitepayhimi » i^ent into the cabin and mentioned it to Jordan, whowaa then lyin^ in hit biith.* .*H« faid tbathc wit thort of autecy* but t6» thef^^,«ai fbme .leather !brWiird,:abd defiKedime to give the bo^tMUufpiMi of it.". I
;One Oif tinmen braiigMup fpme ofHie jMtJjer, but the bos)tiR«B f»id,it wai .
"• P»yiii*htt«rhi«, iindrefufiB#it, I toMJcwdata what the b«tm«ii fyii^ anJjhe doflted hit wifd to give rtie the watch to give to the beatman. togetherwith/
fbineleatb«r.^a.She Javemei fiiver hunting Wateh*, whicli, with fgnw lea. '„
ther, Igavetotheboatnan.-.-Aftei' this I ovarhaulad the veflelto fee what s|
-**-*— ' «"'•' -'^•i
-^"'iliifi'i^pi'i'Wi 'u,tt\mimM» v
•Till* wat CaptJin Suiii' walch.
^cs
f
Irelahf), or yon will hiUi us.—J told bim tliat 1 ij
id him if there were an\
tet and a cwtlafi, and tolc Id be forry for it : I fbuni |opacified Jordan.^- Mar-
io to deep;" f according,
mi to bed,' heVaid, •• Dt
rl wilt take kerlifc.'^.
ur before day, When On
le talked tome time, am Jme aOiore or he win kilit
Irunk and toolt <iut foniie'l
d»c followed iife fhoni;
enr elfe to db it Itiyfelf.
-
l?iadh^*WJW(ifottmJfhe went oq'iHdre. $hef
6 Iceland/' Md told me
iiame timet thMlwtt t
th Jordan.—<*! |>re««le(l
rt an how bsfoM fiMirife,
4e wu ruiwiiif iswardi
liiehhe kddbbldof mi
i I were thus eatantled
the QMulder, aod faic
ct her go on fliore in the
:cn with her all night as
M you pleafc now."—it him uke my life." 1
ould not hutt her, and %\ia the $ibta with him,
and and word that he
(0 ttl(b Ctbin, and Were
t piomifed the boaunat
metu B« and requct
oned it to Jortlan, whof aolticy, but t^u Uler^|
bjDatMuiifbMifi ofit.'»i
h« bo^tm^B fjMd,it wa)
ihsbMtmftR foi^ anil'
tMUnan, toge^eruKhj
II Iricb, with- fonvo lea-mthe veffel (o fee what ||
•jifril'i mi i {,1 III I
TRIAL OP EDWARD AND MARGARET JORDAN. $3
provifiont and water there were .on boar-l, and fo«nd that there was notenough.—When I faw the veffel in fuch a fttuation, 1 began to fufpedl fome-thins.--! aflted Jordan if he bad any way of getting provifions there, and h«faid he bad not, but th^t he thonght there was enough on board to laa us toIreland, faying, at the fame time, that if he was at the- Bay of Bulls, he couldget enough, as he had friends there.— I put to fea that evening for thp Bay ofBulls—Jordan told me lo put into fome private harbour, from which, he said,
he would lerid a bpat to the next harbour, where fupplici could
be had, apd give fifh and oil for protrifiont.—^Wc were going into Fcrmoofo-with afair wind, when fuddculy it came a.head, in confequence of whichwe were prevented from getting in, and were forced to put to fea again; after
that, as we were going into Capelin Bay, I told him there was a fchooner go-ing in right a-head of Us.—Healkcd me where I thouglit Oic came fromJ told him, th.it, from the plank, on the deck, lh(.looked like a veffel fromKoya-Scwtia, upon which, hedeAred inenot to goin there, but to put to fea ?gaip.We hauled the wind, put out to fea and went into the Bay of Bulls ; It was,
9tiotttteri or eleven o'clock at night, whcp we got in there : Jordan faid hewould go alhore, and get people to cut wood and bring water.-.He went the next
day with tiyo men,aadwhen he returned in the evening, he asked \yhat | and th c
reftof the men bid done thatday ; I told him we had been employed in repairiDr
the rigging, upon which he faid that I was too much of a gentleman to be a
poor man's fervant, and that he was furry he did not npkemc go to fea, on ourway from Trepalfey to the Bay of Bulls.—The next day he went on fhoro
again, and fent on board fome wood, three casks of water, and tomcprovi.fions. While he was ahfent, Margaret Jordan asked me to let her go afhore
to waOi fome of the children's things ; but I told her I would not j—She faid
tliat I might go and watch her, .ind Pigot and 1 accordingly went with her : I
left her at a houfe. washing clotlies, while t went to look for Jordan. W^icn I
found him, he asked me why I came on fliore, and I told him Icathe with his
wife ; he then fcemed much difturbed, and asked me how I dare bring heron fliorc, and direAed me to go immediately, and lake her on board again.-«.
Pigot and I took her on hoard—When Jordan came on board he ordered meto go to fea that evening, but i told him 1 would not, as the wind, (what there
was of it) caft into the harbour.—He went on fhore, frying, that he,
would get men enough to tuW her out.—.While he was away, ( brought the
y;e{f^l. farther into the harbour.— He brought on bo^rd a great numbdrof men,I cannot .fay ho\v many, and asked mc to get imde'r weigh ; I told him I
would not; upon which one of the men he brought on board enquired ir^y
reason; I told him I- did not wifh to go. The nfian then called me fo'Sne
name, which I do not recoUc£t.—Jordao^led me forward and told me, that
a cutter had failed from St. John's that ^ning, and would beirOund in the
Bay of Bulls the next morning, to feize on the fchooner Thfce 'Sifters, and ho
NfSvy Kic ir. go to fea. 1 aiked why the cuiief t)v as cumiifg, aSa he faid lie
was In 'dtlhtm HMitaJt.-'-I then faid that could not be the reafoil, as they;
U I
5* TRIAL OF ED^VARD AND MAGAREr JORDAK.
"rrel*«d." I JJhlmTe „'.
^r*"
»^^''"•'^ ""^ have been halfw.,^
to remain with hi,,;J rcTftld ,J ''.f""" ^^o came o« board
could fcr.fe hiiV,.|,ut a.I wol't^^? T""""'^ ' ''-elycmo.uh ihhey
tlut evening; u cy flid Z l * ,?
^''' '"'y '"•«'""» *«» «<> <>" ftore
-d Jordan remained w«k7/r^; ' / ^ '" J'>"<'—They went on Aore,
ft«e in the bda, 1^0^ jol^ 7"-e.-Bofoh. that, i had aaked for a „*r.
«<» to give me a paS/e ^uZ kh,'"' *""*" "''*
'° '^'^'^ "«• "^^^ «f«^-
«nd I would goSe wi^h h « % ^'* "~" J*'"'*" «>°""'8°
'° ««'*
ftote with Kelly knd ,^ln *" '''*-^' ''''^ '»«" "»^' ' ^•''^ goin. onUke his lire a t^'^'^r ''h";i'"""" '""f '
'"'*''''^^'" « ' "•'«^'>'» -«"
to prevent mc/ , ^fn7 „ '^"'Tf T'"^'» "« ^^"'^ r=n,.in upallnigh.
^"afincfairwinZ'abScir;^^^^^^^
turnedtothecahlnTd J!hl t^ . ''^*''«'''"''"«*to°h"d. !«.
"pon Which I went o« deck, .nd i r ^ '"^ *•'''" "''' '^^ »*»^asked him to give mc a na^.l l f^t"^
" ^" '™'^' ' ^•1""' '» K«="y. and
-Henhe,oeLC%':rt^',^;^^^^^^*"d ha J none of hia thinrs with hl^^' " ! ^ '^^ •'***= '•» »"'« ^»»'rcircl..-.I wentihto hccabrn iil' ^'" "^^^ '''^"ty yards from the
It wa.tr«c, and on mrdenIZi r '-««' on deck, and found
The vvho^.'crcwwerc'o„drk 2t?d .."'^^^
,
looked round, and^^^1' »"
h"^ ^ l^""^''"'
'"'' *'"* ^* ''" "P- »
Hi. Land. If idtohil ." f'^r'r"'^^*'^"*^^^^^^ a««ln
terrible kind of man I wen fo" a"";*'"»-•'*'—S„fpe£ling him to bea
^- Jordan. 4:'hl7;^:^^^^•Alii at , difancc; 1 took thehZ a t f°'"''
"'"* ««^y »»« I f*^
r^fened me to keep t^c S^dt 'kriT"' ".""*' '° "'' '"»«'--J-"I"
i^theB-ayofBuil, anTfron . ,^ ''""'^''''' **'"'''« «he people
^'^fJ re.w"a^U w« I f '. T?" "^^ " ^"?' '"7 »•"» conf«fion.-a„a
AKET JOaDAK»
replied, "I^wifli I hadhave been halfway tft
I that he might providen who came on boarda twehremoiith if they(ht at Well xo on Oiorenet under Weijh, they-They went on diore,
k» apparently in grtatI Aore, and he woaldi had alked for a p«r.
take me, they reftif.
'dan fltould go to bedfyhy he did not go to
n> that I was going on
I, <> u I might ai Weltlid remain up all night
on deck. . The nextie, told me that there
md get under weigh.blew too hard. Ire.
deck in a great rage,
ken the boat away,
called to Kelly, andidtheboatoffTorme
^ alone in ilie boat,
enty yards from the
doihet, and while I
on deck, and foand
y (aid it was Jordan.
1 (he jib wu up. I
lion, with an axe In
li,'* and he aaiwer>
rpeAing him to be a
lint lotake the ax*d Ih^rtly after I faw» be hiade.—Jordan
lixeive the people
larpfthe head, arid
Irdaiid, but Jordlin 1:
lie Bay of Bulls firtt.
r« was a fail a^bcad.
>iul confufion,- and
l»Mt» as Oie hat! an
TRIAL OF FDWARD AND MARGARET JORDAN.2-J
H, acrof,. The man faid (he was a brig or a fchooner. which again putMan .mo great confur.on.;and ho dcfued n,e to keep the f;i.ooner o hSk. un .1 we fltoul. d.fcover what the fail was. but 1 rcfufed to do fo • uphichhcwent afc to the man at the helm, and told him to keep t^^d£ r ."" '"'"''^'' '^''«<^''^"S'-d'>«courfe.Iwo„ldIik h„^kuh a han .p.ke.-Jordan aflccd me again what I though the veffcf vva d
ne Tha. Tn"^"'"
•?"'"' "''""^' ^"'^ ''''' "'^^^'' '-vc mercy oa
nd TcTur i""'T ''"'"" '"" "'^ "-- -"' ^-- -«" the cabin,
toidhir? mT'''^'i"^"^'^™« '<» '•^y we were bound to Halifax
nd , r'd'i t:::/.!r'^ ""; •^^-'^ '^ Halifax._.„c- repeated his reque'
ial "a'x 1 ".'?' "'' '"' ''"•'•^ "^- ^ '"'"^ ^"•«=- -« --e bbund to
t id the^'°" rr'V '''^''' - '«' P*^' «"' o- boat, and come on board.
\^slll^"° '"^'^--^'^'^y 'h<^" P"' «ut one fro.u the cutter, and
rord.? 2r r"' "t''"'^ P"'°"^" ^'^--'' J-da„. and Margaret
^V^helan. W.lham Crewe. Nathaniel Ryder, and an Indian called Davy.
V.J xfT^'^"^"^'^'ken on board of the cutter? A.Myftlf. William-ewe N.,thaniel Ryder. Edward Jordan, his wife, .nd four Cnldrcn
^tuiltyof ,he murdexsor p.racy, with which he ftand. charged ; if fo, repeat
ie ground hat th« Court u diredled by the Statute of William, under the
rmirof th; Ad T""'' r"'"^ *° 'heC.-..7Law, and U,c methods
Cued ;;? 'T;™''!"•"'^ "^ "^'^ ™'" °f 'be Civil law, which „6
U belivl* .
"' ""'"'' of Henry vril.no judgment of deal.,
fencJ or ^Hch "V*""'^"'
'^^''"' ">^^ '^'^•^ plainly confeircd their
i.«,f„ . r «. ' ' ''''y """^' be ufed as evidence aeainft tha
pejng made, whether they proceed frnm . j;f *.• .
""^"^"""ic'r
Prhcther thovare e,.«l»*^ r T d.fpo«t.on to relate the truth, o,.hoy are cxtofted from the party, by the influence of .hofc h.pes andF
mii
Hi
ill i;
nnW
(i
111
iif
il
26 TRIAL OF EDWARD AND MARGARET JORDAN
id lea
likeJ:
at hap
d vcr
arned
%hich w
'I ^'oard of
fed tod
e faid
hooner
nd al\vi
tairs, w>anted ]
Ipo nacell
I
fcara, which muft fo powerfully affcA the minds of pcrfons in the ruiiation of
the prifoiter; and, unlefs confcflions ve made in that manner, they cannot
be received as evidence againft the party making them : that, on account of
the ftriftnefs of this rule, it be ame ncceffary, in cafts where the number of
witnefiTcs, required hy the Civil Law ;o prove the fa6t, could not be procured,
and the offender liad previoufly confefled the charge, to compel him to repeat
iuch his confeiTion by the force of torture. But as our laws do not, in any
cafe, permit the ufe of torture, the prtfoncr, if he had in reality made a con-
feiTion, could not he compelled to repeat it, nor can fuch conieifion be proved
by the teftimony of witneffes.
Mr. Rtbie added, that the Court was dircAed to proceed according to the ^!
rules of the Civil Law, becaufe thofe rules required a greater number of wit-
tieflTes to prove any faft, than were neceffary to eflabliih a fa6l before a jury;
and that when a man was deprived, by ilatute, of that mode of trial to whith
he had a conftitut'onal right, and was fubje^ed to the jurifdidlicn of a Court,
which proceeded according to the rules of a foreign law, it fecmcd but reafon- ~\i
able, that the rules of that law (huuld be adhered to, as well when they ope
rated in his favour, as when they were difadvantageous to him.
This objeclion ivat anfweredby the iiolicitorCtneral, iafuhftance asfotlo<wt
:
,;
If the objedlion be anfwercd upon the Common Law rule ol evidence, there
cannot be a doubt as to the admiflibiiiiy of the queftion ; indeed it is fo con-
ceded by my learned friend's iccourfe to the aid of the Civil Law, which,
he contends, muft guide the Court m this inftance. It is by no means an
eitabliflied point, that the flatute of William had it in contemplation to makethe Civil Law the law of this Court, to the extent Mr. Jtobie would wilh to
apply it:on the contrary, I conceive it was intended by that ftatute, that the
forms oi proceeding in the Court, and nothing more, ftould be, for thepurpoft Jf^'^"'"'^
of eafy and fummary juftice, according to the pradlice of the Civil Law, andin thisopmionlam fortified by the waiver of an objedlion, taken upon ahmilar ground, in 2ueUb'scz{c, at Bojon, in the reign of Queen Anne.-ThereIt was well obfcrved by the Queen's Advocate, ia th.fe words: " As to the" part of the new ftatute, relating to piracy, that fays. This Court is to proceed" according to the Civil Law, with fubmiffion, we underftand it to be, of the"fummary way of proceeding by the Commiffioners, and depriving the pri." foner of « jury
;for it is moft certain, that the late ftatute againft Piracy doth
" ftrengthen and eftablifli the ftatute of Henry VIII. and it would ba very" odd to fuppofe that, what the firft Aft of Parliament, in thcfe cafes, had_" rejefted and condemned, the method of the Civil Law in the trial of pirates" *e por'-' fcc. the fecond A« of Parliament ftould be reconciled to that method to'
*nfw«' ^oi
" reilore and fet it upNb the plantations." Jwhich wai
Mr.
you r
hat wancr? J
erchant
rifoner,
Q.Dhat cha
that ciT
ad fervec
ation hac
Q. Wluftom-h(
inder falf(
as nc Ci
Ifc, as I
The J
The queftion, with its tendency, was thoroughly confid«red bymy learn-
1
«J colleague aadmyftlf,beforeit was putj we are dcftro us of adhering to it. 1Sel. G
Halifax?
ARET JORDAN I TRIAL OF EDWARD AND MARGARET JORDAN 27
Drfons in the fituation of
u manner, they cannot
;m : that, on account of
ts where the number of
, could not be procured,
to compel him to repeat
our laws do not, in any
in reality made a con-
ich contelfion be proved
proceed according to the
I greater number of wit-
ilh a faft before a jury;
It mode of trial to which
t jurifdi^ion of a Court,
w, it fecmcd but rcafon-
s well when they opc-
js to him.
, ittfuhftance atfollows
:
rule ot evidence, there
)D ; indeed it is fo con-
the Civil Law, which.
It is by no means an
contemplation to make, Robie would with to
by that (latute, that the
Duld be, for thepurpofe
I of the Civil Law, and
nje^iion, taken upon a
f Queen Anne.—Thereife words: " At to the
'his Court is to proccdlerftand it to be, of the
Iand depriving' the pri.
tute againft Piracy doth
. and it would be very
It, in thefe cafes, had
V in the trial of pirates,
ed to that method to
jnfidered bymy learn-
irouj of adhering to it,
ad I cannot but view the ground, upon which the objeaion to it is foundeJ,Is likely to introduce, into a Criminal Court, a fyftem ot Law very foreign to
^at happy conftitulion, to which EnglKhmcn have been for ages accnftomed,nd very unfavourable to the liberty ot the fubjcft, in flipport of w hich myearned opponent, has ever been fo firm an advocate.
« Prefident.—The queftion may be put, and tlie anfwer taken, the clFeft q£'frhich will be confldcred by the Court.
The vjttncft then proceeded to anfwer the quefion .•—•He was in irons on,board of the Cuttle, near my birth : as there was no partition between iis, hepfed todifcourfe with me concerning the crimes with which he was chargedvBe faid he thought his life would be faved, il I would only fay that thebhooner was bound to Halifax.—1 was afraid for my life, lying fo clofe to him,Ind al\yays told him I would fay fo.—He then faid that, if he had killed that.tairs, while he was on the hatch, all would have been well; and that hevanted Kelly to let him load a piftol or muflcet, but that Kelly faid there wa*10 nacefli;y, as Stairs would drown before he reached the fliorc.
Crofs Examined.
Mr. Robie.—YoM knew the Priforer Edward Jordan at Newfoundland
;
>oyou rccoUe^l dining in company with him atthehoufcofamerchant there ?
^'hat was the name of the merchant, and by w.iat name did he call the pri-
»ncr? A. I did dine once in compa/iy with the prifoner, at the houfc of alerchant in St. John's, whofe name was Mr. GofiT,-.! heard Mr. Goffcall the>rifoner, Ned.
Q. Did you hear Mr. GoffgiveEdward Jordan any other name than Nei.»^hat charafter did Mr. Goff give of the prifoner ? Did you hear Mr. Goff faylat Jordan had ferved his untie honeftly for five years, and that every manI that employ made money but Jordan ? A. 1 heard Mr. Goff fay, that Nedlad ferved his (Mr. GoflPs) uncle, and that every perfoii who was in the famelation had made money except Ned.
Q. Who gave you the papers of the fchooner ? who exhibited them at theruftom-houfe in the Bay of Bulls? and did you know the danger of failing.
mder falfe papers ? A. Kelly gave me the papers of the fchooner. Therevas nc Cuftom-houfe at the Bay of Bulls.— 1 did not know the papers wereblfe, as 1 never opened or looked at them, intending to leave the veffel.
The Solicitor^eneral reqncfled that Tbomat N. Jtfftry, Efq. the Colle«orfor the port of Halifax, who was one of the.Commiffioners, might be fworn, tonfwer fame queifions relating to the Regifterof the fchooner Three Sifters
j
fhich was accordingly done.
*o;. Gtn. Are you the Colleftor of the Planution Duties for the Pert ofHalifax? A. I am.
(' :T
m
: I
.'I
fi& THIAL OF EDU'ARD AND MARGARET JORDAN.
Sifter ;f^'a1";"Krva's'?V''^"'''"' regiftcrofthe fchooner Thr«
When and whewafL,;^^^^ 'f'"'•' '* "'C date of .he Regiftcr.
A. There i« i„ the h^^^.''"'' "'' ^"^ "'* "''= ^^S'ft^^d owner. ?..-. I
Sifter...:!;*: e'fix dated ?6Vr'°''''^ ^'^S'"'/ "^ '- fchoo«er Three j
of Halifax. Ton, ht a'd ,1h t'""'"^"''' "^' "'''«'""«'' '»»»>= Po"
^cgiftcred owner.^"'" ''""""'• °' «-"^"' Nova-Scotia. .re the
Majeay'» Coun 1 ' ,'"i"'"'"'"" ""'^ ''»«=« '"k^" "efore Hi,
formed tcLruM °'="";;';-^-««='»'°-i'"draw them, and then in.Court th.t he would here reft the cafe on the part of the Crown.
^w.>..«,„,adea defence^r;:Ee';r::J:: .^^^ ^zHahfax and being recommended by Mr. Pykc of Quebec, to John G P ,>.
rh . H fT "' '"""" •'*' '*'*^" «'ft commenced dealing, and our^.led good, from them on credit, to the amount of about feventv ooundrThat wuh thofe good, he went bac. to Percee. fold them aXro^"^^:^ .
or hundred quintals of fifl.. with which he returned to Halifax in Scptmbe^
^rT: them ast l^'"'"""" °" ''^ "°''* ^' ''''^-' -«^ <^-r'^^ <o fell
'^
cr to them as ht was m want o. r.ggmg to complete her. and did not wifl, ,ovun m debt for it. Mejr,. Tremain., told him they would take her intoth*irlemploy, and fend her two voyages to the Weft Indies, provided he would IcompU^teher, a.«n which he purchafed a quantity of riggiog frpm th.m.l
T «Sf""'' '"'* *""'"« *""'* '""^ '^'•^ ^°' fc» ^"h «. fent her foon
'
..tor to H«.f.X...TK,t, to enable M^frs 7re„u.i„, to procure a Regitt.r for•he fdl.oone, he fent ti>cm a Genera. Power of Attorney, together with other |i^cefery p,pet., an^ a Bill of Sale of the fchooner, to them,,be c«fideration I^mentioned m wb.ch w., one hundred and fifty pound.. a;,d. at tlKJ feme time
^
requefted them to perform their proinifc, of fending her to the Weft Indie, ..That m June 1809 not having heard any thing of the veflbl. he cam^ to"
cue of her; but on h.s complaifli^g of the fituation in which fte wa,
ARET JORDAN.
ariginal rcgiftcn of Ships
er of the fchooner Three1 the date of the Regifter,
le regiftercd owneri ?—
.
try of the fchooser Three
: is regiftered in ths Port
»x, Nova-Scotia, are the
irour hand, the Certificate
hich he Wai requeued to
been taken before Hi«
by the Counfcl for the
raw them, and then in.
the part of the Crown.
any thing to fay in your
pon which the prifoner
which was: That helie county of Gafpc, to [
utbec, to yohn G. pyte,
»n, to Mej/rs. Jonathanneed dealing, and pur-
bout feventy poundi.—lem and procured about
10 Halifax in Septemberfame time he iuformed ')
rcec, and offered to fell T
her, and did not wifli to
>uld take her into their
!», provided he wouldof riggiqg from th«m,
I with it, fent her foon
procure a RegiUcr for
-y. together with other
hem, the cAofideration
and, at tlie iamc time,
to the Weft Indies.
he veflc), he came to
no perfon on board to
on in which Ibe was,
plAt OF EDWARD AND MARGARET JORDAN. 29
Xejj^s. Trtfma/w/pUceda mafterand crew on ho.ird.and infor.ned tlicpnfomcr,
ley wi(hed lo fen-i ncr to Oarolina for Naval ftorcs ; but as he refufcd to k-C
frgo on that voyage, \t was unaliy .i^reed, thai (be fliould return with him •
Oafo^; and acr.ordingly Ca/ra/M 5r«/rj uus Ihipped as mauer lo take herktrc; that the i-nioner returned iii r crco., wUerc lie difcovcrcd, vvi.at hcft«-c
It time ae had no (ufpirion of, thai .ae /'rfmaw wi(hjd to uke the velTcl
jm J.im, and had ruuipd her to be regiftered in their own names, initcud of
ISi that foon attcr his arrival, a report was circulated througli the pi ict: iliat
owed the Tremaint eleven or twulve hundred pounds; in confcquencc of
>ich his creditors there demanded payment, and, not being able to latsiy
of them, his property was fcized, and fold, for one third of its vaWie: that
!i«g thus left deftitutc, he with his family embarked in the fchoon^r, wait
,
Idetcrrainaiion to go to Hahfax, and work in Mt'lTrs. Tremam's Itablcs, or in
y capacity, in which they flioutd choofe to employ him, until he Qiould have»id the balance he owed them.
^
The prifoncr then proceeded to flate that, oh the morning of the 13th of•ptember laft, he was lying on the deck of the fchooner, and had juft recover.> irom a fit of intoxication, when his little boy c.ime and told him that Capt.
pirswas abufing Mrs. Jordan; that he, the prlfoner, immediately ran into
pe cabin, and knocked Stairs down. As foon as Suirs recovered himfelf,je ran to his cheft and got his p.ftols, ono of which he fired at the prifoner,-r"t the ball miffed him and flruck Heath on the breaft, who had come to the"ftance of Mrs. Jordan on hearing her cry murder. That he, theprifoner,>en ranon deck fora handfpike, to defend himftlf againft Stairs, who fol->wed in feareh of an axe. but, not being able to find one, ho threw part of>e mam hatch overboard, and jumped after it, that he, the pr.foner, beingrcatly alarmed, begged Kelly, who was at the helm, to put the vcffel about,M pick Stairs up, for, if he did not, they fhould be without a navigator, androuldall be loft, but Kelly appeared ftupid and put the vtffel before tUt>rmd^—They Ihbrtly afterwanls arrived at Newfoundland.
Theprifoner then afferted that all which the witneffes had tcftified, re-live to his condudl in Newfoundland, and his changing his name, was aSadeup ftory, and totally untrue : that they had perjured themselves, andirould fwcar any thing that came uppermoft.-He declared to the Court, thate was intirely innocent of the charges brought againft him. and requelted^attheTremalns fliould be ordered to produce his Letter ol Attorney tothem,nd their account current againft him,-He faid that Colonel Pyke could provelat the fchooner belonged to kim, ttie prifoner, and that l.e had never foldierto the Tremains.—He added tliat he wanted no more mercy than the»w would give, and was not afraid. of death, but only dclired tUatjufticoiould be done to him.
Ws then praduced a number of accounts and papers rofpeaing his deal.'
'
O- ....
30 TRIAL OF EDWARD AND MARGARET JORDAN
li'i
ing* with .he Tremain«. wherein, he faid. he had been chaffed with cvcrvpenny of the vcffeUdifburfement.. and h.d received no c"dit w^ teVero
nil innocence or the murder.
///x £a:«/;<;,0' 'if PreftJtnt obferved to him, that he flood charged withPiracy.-ro which the prifoncr replied, that, if heundcrftood, correaiy. theexplanation which had hern given of the word Pirate, by the Coupfd for thecrown it me.nta i?o^^r.and itwa. prettyplain he could notbeow.becaufe.he .mdcrftood nothing of the management of a veffel, and did not even knowone fh.p from another, bein, rather a ploughman than any thing elfc ; thatthe vcflel was his own
;and. further, that it had not been proved that he lud
altered or defaced any of her papers.
Margaret y^rdan wai then aflc«d what fte had to fay in her defence tothe Charges againlt her
j upon which Mr. VV.lkins, one ofhcr Gounfel. ftatedto the Court that he had confulted with the prifoner as to her Defeaco. andfound that n,c had Fafts to ftatc- to the Court j but, from her f.tuation. was in-capable of communicating them
j that he had, therefore, while fitting at theBar, written a Defence for her. and prayed permimon of the Court to read it.
The Prcfidcnt afked her, if thqpaper. iu the hands of her Counfcl, containedthe Defence Ihe wifhed tomakc. and. receiving an answer in the aflirmative.he requcfted .Mr. Wilku« to read it. which he did and afterwards handed it tcthe Rcgittrar.— It was as as follows
:
May itpieafeyour Excellency and the llonourabU Court,
I ftand before you, accufcd of a crime of the moft ftiocking nature, thatcan be committed by one human being againlt anotlicr: and what .idds to theawfulncfs ol my ntuation, is being brought to trial, in a ftrangc land, wheremy charafler and patt conducSt are unknown, and where no perfon can becalled in my defence. Under thele alfliaing circumftances, I have nothingto fupport me, in this hour of deep ditlrefs, but an entire coi foioufnefc of my
i
innocence, and a perfcft alTurance (hat my life is in the hands of Men, ofOie moft exalted Rank and Charadler, who can have no objeft, in the prefeniTrial, but the jultice of their country, and who, 1 am fure, will view my fitu.attonwithcommiferation; and, I truft, upon hearing the few obfervationi Ifliall make in my defence, pronounce me innocent.
I married Edward Jordan, my unhappy hulband, in Ireland, about tenyears ago, and while we remained in that country, about five years, livedhappy and comfortable; but. unfortunately for me and ray unhappy family»>'8 left tliat country, and went to the United States of America, where mywretched hufbaud became jealous of m«, ^nd commenced a courfe of feveretraatment towards me, which continued to increalc^ until it arofe to the moftViolent 3ad cruel treatment, which could be offered by a hufband to his wife;
Ti
RET JORDAN
been cliarfcd with every;d no credit whatever ongiftrar, and again aflertcd
lat he flood charged with
aderltood, corredlly, the
e, by the Coupftl for the
ould not be ont, becaufe,
i and did not even knowhan any thing elfc j that
^een proved that he lud
to fay In her defence to
ic of her Gounfel, ftated
s to her Defeece, and
>m her fituatidn, wat in-
orc, while fitting at the
; of the Court to read it.
herCounfcl, contained
swcr in the aflirmative,
afterwards handed it to
It Court,
t (hocking nature, that
: and what addito the
1 a ftrangc land, wherevhcrc no perfon can belances, I have nothing
irccoi foioufnelii of mythe hands of Men, of
J objedt, in the prcfent
ire, will view my fitu-
thefewobfervations I
i in Ireland, about ten
bout five years, lived
i my unhappy family,
America, where my:ed a courfe of fevere
til it arofe to the moft
a huftand to his wife -:
TftlAL OF EDW.VnD AND MARGARET JOliDAX. .3 1
Jdlaffure this Honourable Co.ut. .hat I rtiould have pnr.cd wic, l,im fever,!
fcars ago. had U not been for my lu.le clulWre,,. for ,vhofc f.kcs I havo. fork long years, fubm.tted to every fpecies of ill trcotnunt.-At the time theB,ooner Three S.J^er, came to Perrec from Hah.n., I was looking out.hth a„..ous expeftatton for her arrival, explains, in her. clothing and ne:IfTartc. for my Children, who wcrealmoU naked, .i.d in m ant of every com,
oIm , ; 'r*""'cIif,.ppointment, that the art.cles I cxpe«ed were nor
k„t!in\ "'r""""• "'y^''"^'^" -*^^^ «"«! romfdrtlefs. I appHed ta
sir. "r f ''"''"^'- '"'"" ""^ ''""''"'' '''f^-'='°<' «h" 1 '->
Ir!ml" ^""^S'a.rs he conceived that it had been given as a reward
t IdT "l* f °" "' '""• '"' ^''^ ""' '" =• ''""'' '^"d cruel mnn.
L 'h« L. r- TT '° "" """-n,ble Court, that hi, rcfcntment toward.IB has not dimmifhed i ven at this hour,
LrlTf ' '"'"""^'='*"'"«'^°f^'/»'''"*'rlaft; on whirh mornin-
EtZrl;t"h'""
'r'^'''"/"
-' ''«-—. (foron that d.y and fini.'
ve at .lerL • r ."'"" " '"^'' ' *»''*= "^ --tchednef;. that I be:
thfdi r! r
'"'° '"' "''"• ''"'' '''^' "'^"^ "'y I'irth, and know,
a y Ci:^^^^^^^':"^'^'' ofh^srefe^ntmcnUouldh.
o'fiv'k '"Tr*^"^ ^"" ''^-'^ -' -X
I .fed ?::
•
of my knowledge, the Companion, where I faw the unfort, nat'e He."
gon hedeck.app,.e„tly wounded and bleeding, and my hufba„rand
TL^r l';"'^"*^"'^'«S-!"-.-S«'i". i think, having an axe and pi«ol
iBtair? with hff':'K ?
""' '''"''''' """ -"y """"«'' "" f-'^«d,
«Uke ZJ I T' '"""''' "^''"'°"''-'-•" "«' '" '"i. Court
h^hav;r-^ •":'" "'''' ''''"'' -"if'-ybandagainft Sta.r, ; I
;h have done u, though, to the beft of my knowledge. 1 did not ; bpt f rjuwa. .„ a flate of diftra«ion arifing.om the fcene which the„;ret;tedI tomy v.ew:-my hulband diftrafted with rage,.-Heath lying'blcedLl_he deck,-.he found of piflols in my ear,,-anaxe andpiftol in the hands^aptainSutrs. who appeared determined on dcftrudtion ; added toaU.my
-From that to the time of the fchooner". being taken. I fuffered aU thati
uo^Zl".u'''"^"5^^''"«'-'. -ho flill chained metomifery.- -l
t.me,. o*.ng to the violence of my huiband'. temper, and hi, trctmea?
32 TRIAL OF EDWARD AND MAGARET JOKDAU, |
r/i^'
W
tome, bejeii under the jreateft fear of hj» refemmcnt j that I vu and am ig.honnt of thecbjert of t,.kingthe fchooner; and that I took no part whatever,either tlircaiy or indircilly in the bufineft ; and that when I failed with myramilyfrom Pcrcic, I thought 1 w.iigoing to Halifax, ahd no where elfe.Thefe, may it pleafo your Excellency and the Honourable Court, are the fa^iwhich I offer in mydttcnco, and I confidently hope, when you confider myfituation, you will be ol opinion that I am innocent of the crimcj with whichI ftand charged Rely ,ng on the influence of the Almighty, which 1 truft
will be exerted in behalf of innocence accufed, I leave myfelf in the handi oJihc Court.
The prifontr produced feveral cer^ificatci from inhabitanu of Quebecand Pcrtee, relative to hor charafttr and condud, at thofe pUcea, andw»nieJ to have thi-m read, but it wai agMcd to leave them with the Court.
About three o'clock the prifonen wvire taken from the bar, and the Courtflcarcd, for the purpofe of collc«ing ih,i opinions of thcCoromiflvneri In Jabout twenty minutei the doors were opened, when Edward Jordan beingplaced alone at the bar, and the ufual proclamation for fjlence made.ffu Ex-ceUencytbt FrefiJeUt zddteat:^ the prifoner in the following worda:—
"Edwaid JoaDAN.—The Gentlemen Commiflioneri, before whom yea ij
" h'lvc been accufed of Piracy, Felony, and Robbery, have deliberately ex-'„
•|amined the Articles -i Tharge exhibited :.Eainft you, and having maturely!
" weighed and confidevtd the forcral evidences produced agtinft you on behalfjf" of Hii Majefty, ai well as what bat been alledgcd in your favour, upon the ;,
'^^ whole, have, unanimotjly, found you Guilty of the feveral article* of J" Piracy, Felony, and Robbery, wherewith you are charged, and have agreed,
>'
" that fentence Ihould be pronounced agaihft you for the fame accordingly."
Here the Regifirar afted the prifoner if he had any thing to fay why fea.tence mould not be paffed upon him, and execution thereof awarded againfl «him. He only enquired if hit accounu and papert had been examined. He '«
Wu told they had been.
HuZxe*lhncytbcPreJid€Ht\hcR proceeded to pronounce Seotcuce ai'foUowt :—
.
" The Court, by which you have been tried, has examined youreafel" With every jutt and merciful difpofiiion towards you. and Ihave already inj"formed you tha the Commiffioners have Hnanimoully pronounced yoj" Guilty —Nothingi therefore, now remnins, but for me, at Prefident of thii?"Court, to perform th« painful duty of pronouncing the dreadftil Sentence
'
" whxh the law diTcftt to b. executed upon you ; not only, at a juft punifli-•' ment for the horrid crimet of which you have been, this iay, convifled, tui" asan example- to all othert, of tbe vengeance which >lway« puifuei U«
nlept ol
Ihis lif<
vn sdjc
CARET JORDAN.
t ; that I vai and am ig.
( took no part whatever,
t when I failed with mj, nhd no where elfe.-
irablc Court, are the fadli
e, when you confider myof the crimci with which
; Almighty, which I truft
vc myfelf in the handi ot
n inhahitantt of Quebec
'\, at thofe place*, and
c them with the Court.
}m the bar, and the Court
the Commiflv: neri.- —In
n Edward Jordan being
tor filenre made,/fu Ex-
lowing words :—
iuners, before whom yoo
yr, have deliberately ex"
lu, and having maturely
ced agtinft you on behalf^^
in your favour, upon the
)f the fevcral articles oi
largcd, and have agreed,
the fame accordingly."^
ny thing to fay why fe«<
thereof awarded againfl
id been examined. He
pronounce Sealeuce ai'
as examined your cafe,'
», and 1 have -already in-
noufly pronounced youji
itie. :is Prefident of thii^
: the drcadfViI Sentence'
It only, ai a juft puniih-
this iay, conviAed, but
'
ich always purfue* Um,:
fRIAL OF EDWARD AND MARGARET JORDAN .O^
Jteps of the Murderer, whom no art can fave from ihc fword of Jufticfl \n
Ihis life ; and whofc only hope in the world to come, muft depend on iho
mercies of the Almighty j—You, who have (hewn neither mercy nor ccm-
nsfTion to your fellow-oreaturA , can have none to receive from the hand of
nan : Let me, therefore, exhort you, during the fliort time you have to live,
^at you do, with a contrite and penitent heart, humble yourfelf before God
Pand fcek. forgivcncfs of youV fini, through the merit* andintcrccHion of our
[Blcffed Savimir, J«us Christ.—
•'You, Edward Jordan, (ball be taken from hence, to the place from
I whence you caihe, and from thence to the place of Execution, there to be
\ hanged by the neck until you are dead ; and may God Almighty h.-»vc mercy
I upon your foul."
e
The ProvMft Mtrjltall was then dircfted to take the prifoncr from th
.jr. and keep him in clofc cullody. After which, MmrgarH Jordan was
laced at the Bar, and the Prefident addreffed her in thefe words :
'Margaret Jorian—The Court hat conftJered the charjes brought
'agaioft you, and, from fome favourable circumOanrts wMch have appeared
' in your csfe, ha* bren very indulgent to you, and .idjudged you not
•o47ILTV."
;> She was arcotdingly difchargicd by Proclamation , and foon after the Court
^as adjourned^ff<r die.
From motives of humanity to the unhappy conviA, whofc hardened bc-
Ibaviour during the trial, and allhc pafTing of tho Sentence, had (hewn him
ftoully unprepared for meeting tlve awful punifhment, which he had been fo
ijuttly condemned to fu(fcr. His E<cellency tlio Lieutenant Uovernor was
Ipleafcd to defer the execution of the Sentence until Tburfday the 'i3cl of the
fame mohth; on which day about ten o'cloclt in the forenoon, Edward
\yordoHviK taken to the beach at Frc(h Water River, the plate appointed for
I his txcculion. He remained tor about four h.mrs employed in the moft carneft
devotion and prayer, and joining with the reverend Gentleman who .-ittended
him. in the holy excrcifesof his rrligion.-AVout half aftcrtwo o'clock in the
afternoon, he afccnded the fcaffold with much apparent firmnefs. and after
advifing the crowd of fpeftators to take warning from his awful fate, and to
ftiun the vices which had brought him to his end, and inform.ng them that his
Confefllon was in the hands of the Provoft Marlhall, and would be printed.—
£a--u4ni>-fsr- was launched into etemity.—Auer hanging the ufual time,
h=s body was taken down from the gallows, and hung in chains at Point Plea-
fAii», on llic beach b«low Fort Ogilvic.
II
34 TRIAL or EDWARD AND MAHGARFT JORDAN
v\<
C6e ConfcMionAlluded to by Ior<l m l,iH w„ j
v^a**^*!
rcqueil. that itftou.d bcpJbutd T"" "" "'"^" '^^''-' "^ ""»
C(0»
iriii
1 Was born In the P»r;f>i nt d • ».
rrovi.cc or Z.V. ::rK^^:: oTr.'";"^. '"-^ '^^^^'-' •" "- ^
'"o.hcr'.dircdlio.u, r.om which.iJc""" I t
"' '" """' ""''" "'^ '
1 behaved myfCf as a dutiful (SIT "7"'°'*""«^ '^•'"=»-'' 0^798.^% landlord.
;»/,.. *.^J, „ ,^11 f'""''' "^ "" '^'•° '^"^'^ "^e.
iH>ty Receiver of the*^cnt^ .f I V ff^ Z ""' """' *"'""'°"^' '"»*' «^ I>e- ^
'•"^'0-1 that,ua! t; 'cd „ :e ::r,r''
°^ t^ '""•^ ^^^^^ '^"^ -^«^'»i» hill, e.ercif.ng them 1 L .
"' '"'^ '*'' ^ ""'> "^ «»«". «" - J•"""Sh innoeent.
1 wa,TJ n v^'^
* ^ '' ' **"'"' ^" "'"^"^•- »'-
"•"'^e in Bag„allTow^T4";e/^7 ''' ^'" dragoon, to the Guard- ,
Houfc. daring which Z'.2 Ll . "f."'^'"^ '"' "'^''^^ '" «'»« Guard, j
f-vedinfor.at.e.n fr^LTcor^^rJ ^^ ^ '? ""^^ °" "^'^ ^"^ ^'^ ' I«lay at twelve o'clock, wi.i. ei,ht^ " T ' ^ "'"'"'^ ^' ^""^ '^^ «"«knew my nrofecutor. On the 1 T^^
''"' " ''''"" """ "^^'
' °«vcror two men. fron. whom m dt mv"?
""' '" '' '"**"' ""'^^^ ' «""<*
ccntinelatMr. Bagnair^l.l f.T/"' "' '"''^"^ "^" ^ ^^'^'^- T"°
*"ou,h purrued b horf;"' t J;'" '7 'T ^"' ^ -^'^ "'^ -"cape,
^I'ere I ^va. not known and hir^', V ^ ' """""^^ "'" "' "'' ^"""^try,
1 laboured all the Ce; n i Tp ^ ]TT'' " " ^"'"^^'* ''°"^^' -"-«!"to. I wa. Obliged to ieave the h ^ J^^'^:^ '""" ''--'"« ^^fpe-
.
""en fuffering hunger and cold urm .1
">'•" '"^"n.taio, ahd ,vood„
I-"informedthatLlr,^arm;;^;^^^^^^ "f
'"^ --> °^ May.n'-ar Wexford, and alfo.i,,, , r
^"""'P<^''"P°n'he mountains of Forth
roons had n.rown mTm ;;:l°;;f;;-"--'^ <^-". and that the Dra- „«f 'He wood, and Jde to t ^ l^^ w^V I
whoknewmyfufferin«.j I.kTo", "' ^ ''^ ' "'^ ^^'"'"^'^ ^^ ™-y •
save me the command'of a pan"y oZty^" !:""'''' ^"S-^i^ ^^r^'y. who~
party of mcti.-|ir about an. hour after, the Britifh
w3ARET JORDAN
t bcfoip, in his prefcnce,
figned by him aboui ivvo
uiion. How far it mayofay; butteclieachuy.
" ^" intcrcfting account
earnca dwfirc, and laft
3wntynfCtfr;ett', iinUc*fpt ftalile parcnti, whoCathohf religion. Myne *>is farm, under my"10 Rebellion of 1798,
by )«11 who knew mc. i
haviour, mademeDe.ruft I dif< barged to hit
iome perfoni told njyi a party of men, on alare wa» untrue: al-
ragooni to the Guard
-
I nights in the Guard,tic; on the 9cb dlay I
o^ld be (hot the next"on with mt; I neverdoor», und^r a guard
J over a wall. TheI I made niy efcapc,
part of the country,
armer'i boufc, whereics becoming dcfpe-.
ountains and woods,tlie montl) of May,' mouniains of Forth
.an'J tliat the Dra-
f which I came out
welcomed by many Hagnail Har-veytV/hu
ur after, the Britifh
TniAT, OF EDWARD AND MAIinARET JOBDAN. 3alycamcoutofWc.ford «nd drew u,- f..r b.,.lr....U-e rn.a.ed thrn, ..vlrnum„er,h-.,ngfapenor. thev re.r,.,.d to Uoxf,.„l .rl\
^ '""'' "^^'
'"' "• '^- --. NV-. nc.t .n.ampcd . , t o'f c'; m'
"^ ""
= - nu,n., a few day». unr,l. ,...,: rnnl.n 1^ 1
7 '";;'• T "Juno to Urbct-hill near New Rof, ,„d „„ ,
.
'
""-* '"'"^
..... .he K.n,. .,o,,, .. .j:;;;::1h^:.::;-^:' .;"--. -- '"e l.r.le.. hut our ,.„nmu,„.,.,„ h„„, .........riTc
:
,"
^vn. and beat us out at n.. o'cloc. .n th.aLno.r ' ' '""' "'"
1 'ontiiuicl >viinthc Irifli army un:,l thcrehclinn «-. i favcd t.wc.. prou.tt.n., by my nun, 1 " ""' """'• " ""^"
-Se .urn or money, who...^i:^:ZT^V '^^'' ^""'• And i ,ou declare that I never had,,
"'""'""' '"" '"'
'•-. -y adt o,. part n. the nu.rd ;;;;:;:""""^'' '^^ """ "-' ^-
'^•""c.- and.„..cl did all, could iJ^':;^/l^c'''''"''' '''''''''' '''''
tuv.dcd a man forrobhery and .av. .
""'' '""^ ' """^ ''''-
A^ncfty Ad>. and reeeivcT. , ^.^'^^."''^f
^"'^ "" "-• rroclamo:i.„ undering been marked i„ .708 ,, 'd w ,
^'"- ''•'""'^^" '" ^^'^ '"-'
'"'" C,.r,., remained ;ea a b^ r""-'""'^^^''
^'"''" ^^-'^'•' •^-'
- ". ^r not havm« my proti^^'rC:' ri^^, l^^'^'"^
^^"^
I^^n.'-Jh, vrho committed me to cJ .
^•'^"'^•^an,, by Col.
""'.-, todifcoveriflhad becL T "."" a^l-rtifcd .n .hfTercnt
•-i- .,.tcd a„v;ir :^^:s::;;;r7-' "^' '^^"^^'-
'y of merchants for four vca-s wirl^ r"^"''" ^^'^^om.
"y employers, until t^^i^: i;: I;^^;-"^ -"« '^'i^.a^ion
.'- Voric.,from thence .cnt . o c., the "/r*";'*
'''""'" '"
ohuJohnfo„..b,u.«„d,n,it did no nL; :.''"''.'''
^••^™ -"
h «'7 .am„y. hut was perfuaded .„ «up at O 'cb ^ w, "? ,'" "'''""'
•^•wo years, till ,t was fold for deh, wi,"
"^"^'"•^^""^' ^-ul on h
bein, recommended from Q c !
' ol':;"" "''''•""^'
'" ^'^i---. Colonel Pyl:e. they reco^imendc::. I ^^ ^ ^ .^'^'^ '^' ^-.™menced dealing with them ;-they gave mc / o
"^ ."'"""'•""•
September 1808. I returned to Hal.l.x wu ,
" "''^" '" J""''^ •
ichl ^;'ive.cd.oMefr,s.Tr.m": :d\: L: :^r''"'"'^" ^^ «"'•
!'=• produce. I told them I could no. .c T v.m") t'''"'"" '""'^ '^'^'^
alfotold t.,em that there was a lar«e < h„„'° '""' "'^' ^"^ f°°"^^
U^at. ifthey wanted her. to f J'L r';""!"^'^ "^^^ ^ ^-^^'R-ertHc«r« of the w.nter. and the fchoo 7/ 1"^
^^ l';"''"-«'-. - 't
.
to run m debt for the risgin* Thev f., 1 ,"""""S' ' '^'^l "»'
oy. and fend hertwo voy^ to i^^^e W a 17"""'' "'^' '" '"'" ^'^-
'->«>-. ^-okriggi„;,„^,,,„r,„^fJ;^-;- r^'l'"'""^"'^
- ^ent her to HalUa. fendn.g alfo , BUI o72;;::::;:rr;;::;
IP.
•^ TRIAL OF EDWAUD AND MARGARET JORDAT^.
Attorney to the Tremains to get out a Rr tjifti r, llie con»ideration money for
the vcTel hcins ,^500. I came up to Halifax in the month of June, and :'oiind
that tlie velfcl had artived. Meirrs. Tremains kept me sixteen days wailing
for my accounts. Finding the vc^'clin debt to a large amount on balance
of account, 1 changed the Captain with the confcnt of Jonathan Trcmam.
They charged me with all the cxponccs of the vefsel during the time ihey had
her, and turned out Captain Morin whom I had (liipped.and put in J. Stairs,
xviio took the vefsel down to Gafpe. He produced his papers at the Cu«om-
Houfe at Gafpa, when the Cuttom-Houfc Officer faid to mc " I thought the
vcfTcl vvas yours, but I fee it belongs to Mcfsrs. Tremains ;" I faid, 1 consider-
ed them as Gentlemen, and that they would not take any hold on my veffel,
as they had charged me with her ejpenfes. Stairs, having a letter in his pocket
Irom the Tremains, Hating that I owed them a.large fum of money and that
the vefsel was Mtfsrs. Tremajns, added that I had been in Gaol In Halifaic,
for debt, and had no credit with the Tremains. This report being fpre:id,
and the Court sitting in my own Honfe at Perc^e, every one I owed demanded
jraymcnt and tliofc I could not fallsfy fued mc, and fold my property at one
third of its value, which drove me to Defp»ir. I was intoxicated every day
at Pcrcee. I never fold the vefsel to die Tremainsi they having it in truft for
me, wliKh Colonel I'yke knoA'S.
We fct fail from Gaspc, and continued on the Courfe till the 13lh Sep-
tembf r, on which day, about 1 1 o'clock, on recovering a little from the ftaie
I had been ia, I considered that I was going with my family lo Halifax to bfc
put in Gaol by the Tremains, which dnive nie to diftraftion. 1 hfcre declare
that full credit may be given to yo/.« Sfa/n' teftimoiiy, cxctpt that 1 never
ftruck Maitheius with en axe, nor liad I any intention of killmg either ofthofe
Men, Malthewt or Heath, but only John Stain himfclf, who efc^pcd in the
mann«r he mentioned. I alfo declare that my wife never thruck, qr laid her
hand on any of them, to my knowledge, and had nothing to do with the de-
sign nf killing them ; and I alfo declare that yohn Kelly is perfedlly innocent
of any hand in it, that I never communicated my defign to Kelly, nor had he any
knowledge of the busineft ; and that, from the time of the men being killed,
he appeared deranged till he left tbe veflel, and faid, at diiferent times,
lie would put a bad ?nd to himfelf, and that Stairs was a Brother Mafon of his.
And ns artoHtcr report is circulated in Hltlifax, of irty having been an informer
i" Ireland, I declare it to be wholly untrue, and that 1 never gave evidence
agatn.t any man in my life, or brought any man to trouble on that account.
A'nrf v.licij:.. JH;,f. Mjrtatti tt Gafne had reported that (he had loft .£600,
and th»t r ; V fv L.1'1 tiki-n it, I declare (he is wholly innocent, as well as
»)•'
(-",i|^Ctl)
TR
Onfcial C<Felon ie
House i
HisLieuten
^c. 8Cc.
The .
. Jiistice c
Council.
ThelThe}ThelThe I
The!Thel
JohnShip La
WILL]jesty's Si
JohnSloop qf,
SAMUfThom
for the P(
Sd. Jordan,
money for
;, and found
lys waiting
on halanrr
n Tremain.
me ihey had
in J. Stairs,
Lhe Culiom-
tliought the
I consideN
1 my veffeU
nhii pocket
ley and that
I in Hnlifax,
;ing fprcad,
id demanded
perty at one
:d every day
it in truft for
e 13lh Sep-
}m the (late
Halifax to be
hfere declare
that 1 never
ither ofthofe
caipcd in the
£, or laid her
with the dc-
Jlly innocent
or had he any
being killed,
iffereni times,
Mafon of his.
an informer
ave evidence
ihat account,
ad loft ^600,
It, as well at
(a 71.
HEPOR
T
OP THE
TRIAL OF JOHN KELLY.
S Sr„«- A*^"'of D^-^rber 1 809, .nolher Spe-
„. PRESENT.
/,-f ^f^*""^ Sir George Prevost, Barcmel
The Hon. Sampson Salter Blowers, Esq Chief.
The Hon. John Butler Butler. Esq.The Hon. Michael Wallace, Esq.The Hon. Edward Brabazon Brenton, Esq.The Hon. Charles Hill, Esq.
^The Hon. Richard John Uniacke, Esq.ihe Hon. Charles Morris, Esq.
Members of his Majesty's Council
SiiMUEi. H. George. Esq. Xeeretary o/tlte Prmince
^6ft6n Uniacke. Esq.* Registrar.
%
*|A new Cbmmlffion had been iffued appointing him to that Offite.
I
38 TRIAL OF JOHN KELLY,
The President, Commissioners, and Registrarhaving been sworn, and tb,e Court opened, in the samemanner as on the trial of Edward Jordan, JamesSt^wart» ^f^ His Majesty's Spucitor-General,d<9liver«d certain Articles of Allegation against Jokti
Kelly, charging him with Piiacy, to the Registrar,who read them as follows :~-
Sficiai. Cou»t or Admiraitt, \ '"" N*«« «' God, Amim.
Befpre HU Ext^llcncy Sir Qtor^e Prevptt, B^ooet, Lirut«na|it Governorand Commandei in Chief in and over Hit Majefly't Province of NoyA.Scoti^Jcc. &c. (Here the names eftU ofbtr Cvnmiftitttert -were in/erted) Commit-•ioners appointed and afsigncd by Hit Hajefty'i Royal C^mmiflion, under the
Great Seal of Hit Admiralty of logland, bearing date the 3Cth day of oaober,
ia tbe S5tl» year of Hit Mitjefty'i Reign> for examining, enquirinj of, trying,
hearing, determining and adjudging, according to the diieAioM of tbe fcvcral
9fiX <^f farliament therein meifti^fied, in any place at Seaor apon Land, at hi*
t^^d Erpvtnce 9f Noya-Scotia, all Piraciea, Felonies and Eobl^ries, an4 all ac-
ceffariet thereto, committed in and upon the fea, or within any hatren« river,
creek or place, where the Admiral or Admirate Ijavn; power, authoniy or
jaritdiAion, Comu Jiimtt Stewart.Efqxiite, Solicitqr Gepp-dlo(oat SovereignLord the King within the ftovince aforefaid, thii eighth day oiDtttmher,in t\ie^ftieti year of the reign of our Sovereign Lord George the Third, Kingof the United Kingdom of Great-Britain and Ireland, «ec. Icc. and herebycomplaining, on Tiehalf of our f^d Sovereign Lord the King, doth fay, al-
lege, and in Law articulately propound as foUe^vs :-..
Firjl : Thatjf^ Kelfy late of Halifax in the Prov^ncp of Nova-Scotia, Mari-
Ji^r, and late Ma(« of a certain merchant Ihip or fchAoner, f;alled |ite 7Arr«Si/lert, combining and confederating with one Edwqr^ yar/iqp, to ^urn Pirate
and Robber, :|nd to run away with tlie faid merchant i^ip or fftjqoncr called the
ilirec-Sifteit, being of the valoe of five huhdted pouri4>.of lawfa}nnoit9y of i|ie
Province of Nova-Scotia, belonging to Jonathan and John iWinauai of fialifax
a^reCiid Iffcrchaau, and laving on h<»ard a icarge of dried pidi of the value
of three hundred poundi of like lawful moneyt beIoki|ihf to divers petibns
KiUMiown; ^nd bound fron> Q^fpi in.the Province of U>«rer CsaMlai to Hidifix
afocclaid, under ^w command, of ^ohn Stair*, the Mat«r of t|i^Q^ merchant
ihip or fchooner, he the faid John Kelly, bping Matf of tbe faid merchant
fhiporfchooner, inpurfnanceof the coni|>inationandcoi)fedftacy foaaaforc-
'aid made between him, and the faid Edward Jordan, who wat ihcn a paiTcn-
««roa board the faid fchooner, did, on or aboutthe tbirtemth day ofSt^emberU\ thi ytmafarefyiff, en tlic high fca, near the coiAof NqVi'ScoIm gforcfttd*
TBIALOFJOHN KELLV. ,39
Registrar
1 the samean, JamesGeneral,liast John
Registrar,
God, Amin>
nafit Gpvern«r
»f NovA^coi^
rted) Commit-
[ign, under the
lay of OAober,
rins of, trying,
toftbefeverai
lonLaiid, athis
riea, a|i4 *'^ ''C-
ly hateo, river,
r, authonty or
r our Sov^reisa
y QiDtftmitr,
he Third, King
:c. and hereby
5, doth fay, al.
a-Scotia, Marl-
iiltd^ Three
p, to ^urn Pirate
^OACrc^ledthc
fa|moin(ypf i|]e
main of HaJifajc
Hi of the value
div«n petions
lada. 10 Hiilifix
^filiii merchant
faid merchant
;acy fom aforc-
I then a paflcn*
lay otSeptember
icolM gfotcftid,
tod whcie the Admiral or iV<)iniraU have potvcr^ authority, and juriidifttou,
betray his trufl, and in confederation with the ftid Edward Jordan, with force
and arms, piratically &nd feloniomly, leizc and taWc the charge and commandof lie fpid merchant (hip or fchooner, from the faid John Stain, the Maflor
tii^rco), Uoaiiift the will of it\e faid John Stairs, and having aided and abetccd
theMd Edwjtil Jordan, in compi-ilins; hiin iho faid John Stairs to leap into
fi'.-,lv.4, ri'tni on board tne fiid thi{' ur ichooner, by putting him in great bodll/
f.'ar, iiifl dinger oi ...» ..it; nnd ha -iig auicd and abetted lijm, tUc faid Ed-waiii ford.in. in wilfuliy murdering /non.is ileatli and Benjamin Mattliews.
maruicrs on board the luu Tuip « f( iiooncr, he, the faiJ John Kelly did, ii\
coBiederaiion wiui the laid -ilward JorJ^n, as aforcfaiil, piratically rAti/elon-
tQufly nil) . way vviih the faid merchant <hip or fchooner, and the laid cargo,
a.. J dripfjie of, and convert tlje fame to his own ufe, and tho ule of tt.e faiJ
EHwa.d J'irdan, contiary to tiio form of ti.e Itatutes in fucii cafe made and
piov.ded, an.i aga-ult thp Peace of Our Lord, the King, Kis Crown andDijjpily.
'><rij7»i—That the faid John Kelly, on the thirteenth day of Scptomber \n
the year aferefaitl, with force and arms, upon the hijh fca, near the co:ift ofKova^cotia afortfaid, and ivithiii the jurisdnftion aforefaid, being tlien Mateof the faid merchant ship or schooner, called lire Three Sillers, whereof theftid JoJin Stairs was then Ma«er, then and there did betray his ttutt ; and thelaid mcKbant fliip or fchooner, and the apparel and tackle ot the famufliip or fchooner, of the' value of five liundred jwunds, of lawiul moneyof Nova-Seotia aforefaid, of the goods and i liattels of one Jonathan and JohnTremain. together with fix hundred quintals of dried faked fifli, of tlic valueof thre« hundred pounds of like lawful money, then being in and on boardof the faid (hip or fchooner, of the goods and chattels 0|f certain pcrfons asyet tjnknown, and tlien and tliere, upon the high fca aforefaid, in the Ihip orfchooner aforefaid, and within the jurifdiaion aforefaid, bpiijs un^er the car^and cuftody, and in the poireffion of the faid John Sjairs, he, titc faid Joh.»KeUy, with force and arms, from the care, cmiody and poireflTion of thefaid John Stairs, then and there, to wit, on the high fea aforefaid. in the Ihipor fchiWAcr aforefaid, and within the jurifdi^flion aforefaid, *i>af,Va;Ar, andfetoHiouJly. aiid againil the will of the faid John Stairs, did fleal, take, andrun away with, contrary to the form of the ftatute. in'fuch cafe made andprovided, and againft the Peace of Our Lord, thq King, His Crown, andOittiity.
-- » H
. r*,Vrf._That one Edward Jordan, on the thirteenth d^y of Septemher in
'
ynr afore/aid. being a paffenger on board the faid merchant ihip or fchoonere«l!ed the Three Sifter*, w!,crcof the faid John Kelly was then Mate, bound«9.^a«v»y,8e from Gafpi aforefaid. to Halifax aforefaid.. the faid John Stair.hei»»Stlftt. matter of the faid merchant (hip or fchooner'. he the faid EdwardJordan, on thc/ame day, and in the year afore/aid. on the high fca. nearthe
4o TBIAL OF JOHN JtELtV.
«nft of >ov, Scotia afarcfaid. and wherp the admiral or ,dmirai.].avc po*<.f.u.,.cnty. orjurifdi«io„. wiU. fo^cc and arms. ^/.ar/.«//^ and/./o^/Xdld
fro':;,' ::^'^.'^V?"'''''""'co..„a„dof .he faidtnerchaht fl.fp orSnc'from the fa,d Jhhn Sta.r^ .g,i„ft ,h^ will of the faid John St,.r.. .nd havinr
laid fh.p or fchboner. byj,utting himingreat bodily fear and danger of hi, life
f' amen belong.ng to the fa.d merchant Ihip or fchooner, did piratica/iy andfefo.w.JIy run ,way tvith the faid merchant flup or fchooner. and her cargd;j^^nd that the faid John Kelly, fo being Mate of th« f.id merchant Ihip or^hooner. a, aforefa.d. on the/«;«. ^y, >„a y.ar afor./aid, on the high fea. a*,d^v..,,„ ,e jur.fd.a.on aforcfaid. did betray his t.ufl. and did then and there.t>raUcony,fcl^niovJly, and ^joluntarily, yield up the faid merchant (hip orchconer to the faid Edward Jordan and d.d then and there combine withinel:ud Edward Jordan in /./r«f,V«//^ and /^/o«,o«/3!^, running away with the«a,dfc:-.ooncr, contrary to the ftatutc in fuch cafe made and provided, and"Cn.ntt the Peace of Our Lord the King, His Crown and Dignity.
/v7/<v—That all and fmgular the prcmifses were and are true, public,Pnd notor.ou,
,and thereof there wa, and is a public voice, fame, and report
j'
.
Ah.ch legal proof being made. r:ght and juftice ought to be fully and effec"^.'!
ydone and adminiitercd in the premilTes ,. and that the faid John Kelly
<."?l.t to be punilhtd according to law. and the ttatutes in fuch cafe made andrrov.ded.lorfuch the Murders, Piracies, and Felonies by him committed a«
(Signed.)
,tamcs Siezvart,
T...e Ajcsation bcrj re.d. the Prejidcnt dirc6lcd the R.giftr, « jo-iffuc a
rorrmand^ft^ h.m to trmg the body o. Jolm Kelly befoj, the Court Xwa
;r ^r^T"''"^''' T'' T'''^ ''^'''"" »-nArougS;,p\^ pllcc^
o w' , r T'f. v'
'" "'"'' "^""""' "J^''" '"'^ fo'^go'^g Allegation.
;»,?>' '^';'rf''''7«— -Bemg .fk.dby.hc f^eALr. af whaumehr ^v«uld be ready for hi. trial, he'n.med the foll^-wing MPPday.u. v.,s thet.d.re«ed to giv^ i„ the names orfuchperfons. as heLZ wil- cu. as^witneircs -n h;, behalf ou lii's .rial, ^n order that th^y J^ b^
Vn.mo«dfoattend; upon^vluch he gave in the'names of Margaret J^r^al. ,
ohn Bro^u^n. and Jokn Curtin. The prifonor was then^ infofmed^TlS>;'CA,.,.,.. ,i.,t ii,e Court would order a copy of the Allegation to be font to^.m
;and would allow any getulem.n of the Bar. whom he ftould employ^
to offer any n^ucr^of Law to ,he Court, in his behalf, ypon his trial. : Thepr.^ncr n,naed i. i,'. ^.i,> £sq. for .„. CounfeK-After which be w«» «-manded IP the c«ft9dy of the Provcft M,rrbaW, and the Court adj«Uf««rf,uBh1n-iko clock on the foflow in^. Mpndar.
ffr
TRIAL Of JOHN KELLY. 41
(*•
On Monday the 11th of December 1809. the Court met purfuant toad-journment. ,vhcn the Hon. Alexander C«ok., L. L. D. Judge of the Courtof VicAdmiralty, and cne ofHh Majejl/s Councilfor the Province, appearingon the Bench, the Commifflonei 's oath was admiBiftercd to him, >nd he tookhis feat on the left of the PrefidenU
The Court being opened, Mr. Rcbie, the prifoncr's Couniel, faid, heconfidered it his duty to move the Court to put off the trial, on the ground ofthe abfence of a material witneft, which faft appeared from an affidavit, madeby the prifoner, ftating that, as foon as he got on fcore from the fchooner ThreeSifters, at the time he laft left her, he applied to a Mr. Ryan, a conrtable atthe Bay ofBulh, and informed him .f the murder, which had been commit,ted on hoard the faid fchooner, and requeftcd him to fend a boat after her,which Mr. Ryan declined to do. on being informed there were arms on board
;
that Mr. Rya.i could prove the above faft, and was therefore a material wit-ncfs for the prifoner.
TbeSelicitor-General objefted to the application on two grounds j-F,>y?,Becaufe the prifoner had h.mfelf named the day for his trial, and given in thenames of his witneffes. therefore the application came too hie -.-Secotdly
-
Becaufe the witnefs was out of the jurifdiftion of the Court.After fome confultaiion on the Bench the Prefdent faid, " Mr. Solicitor-
General, you Will proceed on the trial."
.The Solicitor-Ceneral and Mr. Hutchinfon being of Counfel for Uieprofe-
cu tion, the SoUcitor-Ceneral addrcffed the Court as follows.
*'May it pleafe your Excellency and Honours,—" The prifoner at the Bar ftands charged as a Confederate and Aider in
the awful fcene, which has been lately difclofed to this Honourable Courtopon the Trial of Edward Jordan^ fo that the Evidence in fupport of the pro-fecution will, in a greatTmeafure, be a repetition cf the dreadful talc, tliat'hasbeen alrcidy tcid. As my learned friend, Mr. ^utchinfon, upon that occafionfully explained the Conftitution of this Cout^, and minutely defined the legalnature of the crime of Piracy, with which the prefent prifoner. lobn Kellyftands chiefly charged, I wiU immediately proceed, without tatiflfiwilhefurther time of the Court, to a recital of that evidence. \
'^^^'-^
The allegation conuins three Articles. By thc»?, the prifoner Is chargeiWith having confederated with Jordan, in piratically running away withthe fchooner Three Sifters, and her cargo, and with having aided andabetted h.m in the murder of Heath and Matthew,. 1^^ fecOnd article
fchT ""r"^""'-Uh having pi«tically run away with th. ftmcfchooner and her cargo, and the ,/,.Vrf «r,.V/. charges him, under the lla-
^d?„ i r!!''""":"'''"''''' "'^^^ "'• ^''^ '"»^^"« ^°»""»"Uy yield.*d up the fchooner Three Sifters and her cargo to the Pirate, Edward Jordan.
K
f
42 TRIAL or JOHN KliLLV.
Under this Alh gation, and tlic evidence wliich I (hall adduce in f.ipport of it,
tlie prifoner tan he corfidcred in no other light than as a confederate or aider,•f not nn a«or or principal. An acceirary nu.ft be either before or after thefatf^, but the prifoner will, I tiult. in this tranfaaion. as it may regard thepiracy in particular, he proved an aider in the crime, and as fuch muft meetIiis fate. Jf, however, he fhould be confidercd as an atceffary, he may ftill
be found Guilty under the allegation, as the Statute <Sf the 8th of George I.
dedans all acccffaricMo any Piracy or Robbery to be Principals, and di.edtsthat tliey iliail he enquired of and adjudged .is fuc h. I proceed to the detail ofthe cvidcnrc in tliis cifc, with feelings rather different from thofe whichcntcic.l my mind, upon the Lite trial of that ivreichcd man, who has fo juftlypaid tlic fo.f'.it of his liic. Jn the part this prifoner has taken in the Deed,lomc circiimftantes of mitigation may be found, but of his guilt I have not a<foubt. a!ihou£h he may haveaftcd under the melancholy impulfe of coercion.
Here the Solicitor General entered intn a fi.ll detail of the evidence, andthen proceeded iiith thefollowing and other obfervntiom.
The recital of this horrid alTiiir leads me into a conjedlure of what may,probably, he the defence ol tlie Prifoner ; and when 1 view the brutallonduft of Jordan throughout the whole fcene, and contrail it witii thetriminal timidity ol the prifoner, I am led to fuppoic that your Excellency;'nd Honours will be told, by tl.e unh.-jppy man -it the Bar, that in all his
doings he has been under the woeful compulfion of JonUtti. This cannot beinferred from the evidence, and if it could, the Criminal Law of our coub-Try, humane and indulgent as it is beyond that of all others, would not fup-
^lort him in his defence. Independent of the fpecial duty he owed, as MateOl flic Sh,',". «« P"f"t^<^«ljO property of his employers, and, above all things,
loftin^'b^-irinflili-'foi*^ l''s Captjin, he owed it to iiis fellow-crcttures, to
•giVb All 'fli^'aOTiftartrc ,!) *"* PO'*er towards the prefervatiun af fivcir lives,
wliilc fn tl^e' iiands of the Mu/'l^fcr, •. " ..
'"' tj tiic'''Conttittition oiSolor, C^.'*ardice was ptinifhed
; and if ever that
unliapjHy imJMi'ire cwiild deferve 'the larti o.'""® Lixvv, it Would be upon an oe-
•Cisioii lifci> Ihd: bne''incin('||<on,'iip6ti vvhlch (To'hing could baVe..juftified
•jnaa'ion.b'ijf ail ii'alimbttiifity'oY both niiiid and ho^fy produced Hya'mo*fuddcn and cxtraordiiiarypaiiick. • '> -i .
''-; '•/'\•'-'• -f '
• ^ .'
.' ;-.(!.. 1.. . . : ! ,;^
,.:,
It isloid down bymy Loid //(7(V, tliat a man- cannot even etxctiie the
'killing of another, who is innocent, under a threat, however urgent, of lo-
fing his own li/c unlefs he comply. Mr, East \\oyvever, in his excellent
'fieattfe.of the Pleas of the Crown, obfervesthat, " if the commidion of
"Tf.eafoti m^y bccxtcnuatcd by ;iic fear of prefeni death, and while the
" i)arty is un"d^r,adlual,cgmpul/ioii, there fepnis no rcafon why the offence
•' of Homicide may not alfo be mitigated, upon the like consideration of
" human infirmity," In the fame book, upon the fubjeft of high Treafon, it is
faid, •* if the joining with Rebels be from fear of prefent death, and while
1 f'.ipportof it,
crate or aider,
ire or after the
ay regard the
ch muft meet
Ihe may ftilt
ti of George I.
Is, and di;e£lt
toilie detail of
1 thofe which
has fo juftly
ill the Deed,
I have not a
e of coercion.
evidence, and
of what may,
V the brutal
III it witii the
ir Excellency
itt in all his
'his cannot be
nf our coun-
luld not fup.
wed, as Mate
re all things,
creatures, to
'f (heir lives,
iif ever that
'Upon an oe-
av6"juftified
d hya- inoft
excufe the
gent, of lo-
js excellent
nmidion of
1 while the
the offence
tdcration of
rreafon, it is
and while
TRIAL OF JOHN KELLY. \3
" the parly is under aaual force, fucli fear and compulsion will excufe hira.
•«It is incumbent, however, upon the party setting up tliis defence, to give
" fatisfaftory proof, that the compulsion continued during all the time heltaid
"with the Rebels."
This being the Law of our Land in cafes of Trcafon, l?t us, by analoj:v,
apply it 10 the cjnduft of the Prifoncr, to the fuUett extent of indnlsence, and
your Excellency and Honours will then fee how little it will avail him. If he
be innocent of the murder, or however palfied he may have beenat the time of
its commillion, it will evidently appear that, immediately after that deed was
done, hemnll have inftamly aided in the Piracy, for upon his arrival with the
Ichooner in the firft port fhe reached in Newfoundland, he there appears a»
tiie Matter of her, being called Captain by Jordan, and having the entire
management of the veffel in that capacity.—There he had a happy opporttm-
ity, if he had pleafed to have availed himfelf of it, of difcloling the whole
truth. He might have done it with the moft perfeft fafety to his perfon, in
defiance of the threats of Jordan, not only on Ihorebut afloat, as His Majclty's
armed fchooner Mackarel was l>ing near him, in the very harbour where the
Three Sillers was at anchor. He might have done it with eijual fafety at St.
Mary's, where the Mackarel again appeared; and at Trcpalfey in particular,
\vhi.re, during the aM'ence of Jordan tor feveral days, he had the mof? un-
qualified freedom of adling and fpeaking as he thought proper, without being
under any polliblc apprchenfion from any quarter whatever. At the Bay of
Bulls, another favourable opportunity was offered him of making a diftlofuie,
but this, it will appear, was not only rejedled by him, but he there flies from
the hand of Juftice, upon hearing that his Majefty's Schooner Cuttle was in
jurfuit of the Thice Sillers.
That he may have been under the dread and influence of that ex-
traordinary charaAer, to a certain and perhaps great degree, I am willing tu
adiutt; but it lies upon him to prove under what force of compulfiun he has
been a^ing in the dreadful fcene. Were I of Counfel for the prifoner, i:
would he the main objedt of my defence to delineate the terrifick Jordan,
and to«xpofe the brutality of hisconduft in every ttage of the dreadful affair,
that, if I had a hope upon the ground of coercion, the thrcatner might appear
in his ftrongeft colours. If I can peep into the defence of the Prifoner, the
amount of it is this, that Jordan was inftigated by the Devil, and the Prifonct
by Jordan. But in the eye of the law fuch an excufe cannot fcrve him.
He is now in the hands of your Excellency and Honours, who, painful
as yoor duty may be, will, I have no doubt, execute it with a due and folemnregard to the oath you have taken. Upon the Evidence, which it is my duty
to lay before you, together with what be may offer in his defence, the Prifoner
rouftbetried, and the refult ofhis trial, I am inclined to anticipate, will be
his Conviaion. To that Convidlion, however, may be attached, if the Court
Aiould think it proper, a recommendation of the prifoner for mercy to the belt
4f4 THE TRIAL or JOHN KFLLY.of Kine'. Hii cafe may be laid before hi, Majefty. and a rcDTttent.r..
III* crime when told to iho n.r^t »,J ""<:«'. may lead to a pardon of
ours,andfl,„udyo tt r/r uponarur"'!, "'•" ^"'"'^"^ '"'' "°"-
to acouif ,h. D r'^ consideration of the whole evidence
^z^:^:^zi:::::t' "'""'^" ^avedo„emy d^tytot::
feeling,, whi .'.'ret f?r!^''"'"'"y-'f-'ence as proceeding from thofei».ch are tb . fafeft, a„d ,he moft creditable to the heart of man.
Mr. Solicitor General faid that he would firft call %A- <!*. u .. .nvorn and * examined, depofcd a, follow. :-.^ ""'"'' '"**'' ""^'"^
lam a Mariner and Ihip Maftcr, and firft became acquainted with th.
vcf.^l.w„fr„mGafpctoHJif X bu^rdi '°'''V'""'' "P"" '" "'>'
railed from Cefp. i^."::^:' oj't rrior't:" ^^;"^'r^^
foncr a the Bar. Mate, and Thomas Heath anH p? '• ^ "•^' '"* '^'•
Fdwurd Jordan, his Wife and fo" ChUdl " "T'"'''"'''^'' '^"""'"•
cargo of the fchooner consiJ : d d7/::.^^f'^r ''°"'- ''"°
rox. Wm. Dris.ol. Mefl-rs. Tremains. and my'fe f W^ "^ ,'"^'''"'""'
voyage until the thirteenth of September ir/oi .hT^P'^^^^^^d on the
•etwecn Cpe Canfo and White Slxl!" I "^'^ »''' '"e vefse. being
ftanding bchir^d n,e. when iook^.l . \"'""' ""'' «*** —
Jordanfta„din, be-and tuyT^:^ZT:"tx " T'''' ' '''" ^'^''^
light. ] flart,,H back, upofwhich foI'«'^;'"''''^'"" *''"'''«'» '''^fl^T-
Heath. who.„uponneJ:^:;ir:;Trd";^^^^^^^^^^^my piftols, but it was broken open and tho nift
'^ ^™"'' '"'
my cutlafr, but could not find it As Iw?. ' T" '""" '^"•=''**' "'
comp,nionladderwithapi.o,nonehl :f"^ k"^'^"'"'°"''»«him back onthedeck.a„dcaaer,l2//"
"'"'^^ '^'^^^
janoie, I wrefted the piftol and axe from Jordan, and threw
'^
* Each >vitnrfs was sxamind «« -i • ...Of Jordan, buthcrc the ^llSu.ZtVJ"^^ >« the fanfe manner as on thatfully eondenfed.
^ "'*^'' '"^cn omitted,, ^pd the tvidencecare-
TPIAL OF JOUN KELLY. 45
rcprcfenlaHoil
id him to fab-
refervation of
nil and thofc
a pardon of
ihould 1 be
y and Hon-
ole evidence
Y duty to the
g from thofe
of man.
who, being
ed with the
as mate of
nathan and
he pcrfons
>on in that
he time we, the Pri-
'», Teamen.
Mrd. Therheojhilus
d on the
fscl being
teath wasw Edward(h the Hlj.
'all ftruck
Frank for
arched tor
'an on the
I pvflied
%but hene Heath
lUe I wa*ruck meid threw
I on thattee care-
'
'\
i i
tlicm ovcr-hoanl, niv' . or I got difcnianglcd from him, 1 ran forward for
fninttliing to dclt-nd niyfill witii. 1 lnokcd at the prifontr, dnd lie appcjiefl
'd mc to bo in tl>c atiiitiJf ol loading a pillol. Finding there wai no chanre
fur my life, 1 ihiow tlit lislcli into ilie lea, juiniied overboard and fwahi rtficr
it.—After rcnia nin; in ilic waiei aViout tUrec hours and a half, I ivas taken
up liy an American fctiooncr, an . carried to the United States, from whence 1
came to H.ihisx. During tlic vMinlc of the contert, KW/y neither alVii^ed nic
nor faid any thn^, and Jul not laki- any |>an in wliat was going on, bill only
remained at ttie lielm. At the time Jimlan fired tlie piltol into llic cabin,
Kel/y waj ft,»iiding about tlnec or lour feet from the Ikyliglit.—When I c.iiiic
on deck, the vvfTel was off licr ((uiTfe; the wind blew from llic Nonh,
and tlie propL-r couife was Weft and by S-uili. Diiring tlie wliolc of ;!,«
contea, 1 wa» callinc Kelly to my aOiltincc ; at tli»' beginning, Matuiews
came running aft loaifiit me, but, during tin latter part, ho was lying on the
deck appJicmly wounded: alter I goc clear l.om Joidan, I faw turn ftr.hc
Matthcwson tiie heai witii an axe.
On lis Crofs-txamiiMtion by Mr. Robie, the prifutier't Counsel, tht Witnep
/aid,-..
When I called Kelly to my aflil»ance, he was ftanding at the helm, and
appeared friglitened,—he moved bis bndy as if inclined to come toaflift mc.
but I cannot (ay What prevented his coining.— I ii(* not recolkcft that I was in
the aft ol handing a glafs of grog to him, when Jordan fired tlie firll piftol,
aliluiugii it might have been fo.-— A\'lieii I fay that Kelly appeared to mc to be
in the attitude of loading a piftol, I mean, that his back was towards me,
and himstli in a fixed poftiire.— I do not know Kelly to be a timid man;—-he
always bore a gojd character with me, and was always obedient until that
time.
Being examined by the Court the IVitnefsfaid,—
I do not know what courfe the veirel was fteering, when 1 came on
«1eck in confequence of Jordan's firing tlie piltul;—-the true courfe was
XV'eft-Soutli-Wert ; 1 do not know at what time, or by whofe order it was
altered.-—When I wont below the fcliooner was fleering Welt.Soutli
Weft along the land, and, when I rctuined on deck, the was off the wind,
—
Iknew, by looking at the land, that (lie was off her courfe.—When the con-
tcft commenced 1 fuppofe we were diftant about three or four miles from the
fliore. \{ Kelly had affiited me I could hatfC overcome Jordan.—Kelly was at
trie helm during the whole time, but 1 cannot fay tliat he altered the courfe ;
it was changed about four or live points; it is poflible, however, that the
fchooner might have made a yaw.—I have every reafon to bclieVc ihat the
courfe was changed for the purpofe of getting the vcird off the Nova-Scotia
fliore ;—after I left her fhc tteered about South, before the wind, but fomr-
times Oic would take a yaw.
L
^nMLOFJOfJNKELT.V.
were with m,. r'"''" '"'' '"'^•n prertV.d • m 1 "' """« '" '"
jp-'^n A,.„, .i^:r:;'^;: '^.::^7'''--^y^e.•::^rI:--"'s'". -nd ..nke care of.l.e vc ^,' '' '' '"'"^"''''^ '"'= «o ft„y on (oj
While U,c ?h Jsl "° """=' "'«~'J,-.„er ' 7 """"S-lfrt/,
ft"^e. I caono, fay Whether kv,' '""""S^" and a,lay bu.7. .
"'^- Keiiycou.d have g ,^:j f 7
•'-'^- -"c o„ board'or"'e
'1"";"atLitrin R,.. ,
* "^ "ad rlcaffH !„ ' "^^ "or who.d "t!;'.:"'"" '" ""' '"" 'ib»t ;:" ,7'',°" "'°" -"«"%
»-! "««' «: t:r'r\""''' - •'>«- d^nd! k:,?^"'•"" "
wcntii
Tijere \
being^
forc...l
Kelly c
She lay
'"«;—,'nd vvei
Friday «
Tf.pairc
g'llraie »
a Satiirdd
next c'vi.1
Captain /'
vcffel....
val. OptI
wa* bouot
fai'cJ, Keffiicloltd V
'^L'lf as to a
he was aflii
Homo Offi<
I do no
and make a
think it was
V fchooncr, Ki
obeyed him
know the cai
Jordan was a
'Si'feiineiit wI believe it w
fchooner, Jpr
d , niamaftcrwari]
Wo >ct Jordan I
tl»«, if Jordanin tjebl, and wknowledge, KKelly, in endei
I I'ucceedcd in gt
TRIAL OF JOHN KELLY.47
t
f- t
Shet^T'""'""" " "«"• '"•«, :!:?"'' -»» "- »»y .tithcr
°J.-Jo.d<,„ |,„ ,,„ ,, T„ „ .' ""'" "" S'lurd.v follow.
'-apiain /'oner wlin h J'^ ^" """Hhu nmt ^ve Irf.-r
vcircl.,,e remained at Ihe £.y o, Li,"
' "'''''" ^' '"""nnndcd ,hc^'«'- 09t».c' «om,ngof tl.atd.v fl. r .
""'"'^ ^Vedncsday after I.e.,
;-'-^'i w.,.t .ad happened:?,'!; ;?;:;;;V^r '^^ '^^"^ '^*«"'"-
ff -«> -'y a.ten,pt .Ton Jordan, ci.ll!, Li
,!«"'"' "'"* ^^^^^^ to h.m-
Houte omccr. and an A,c„t fo.. M^t' .; ^t ^^ '"'""' """ " ^ ^"«- '
Iclo not know ...creafon why KcII , ,
"'''^"''^^^<'''
and make a disclofu.e of what had taken „t!"°'
I""" "'''^'•- '' Trc-paffcy
think .t was from .ear of Jorda.K..' d," '
T""" ''""'^ "'^ ^'='-°ncr! S,?;
^f--*--.KCIy appeared to be under the . T' ' ^'* °" ''^'''^ "'O
^'^»>-'^^''"-"--ythinE.-..KcX;f. „ a "J"' ^"'^"' ""^"^^ heknow the c.„fe....D,.,„,,„
,j;/ '^^/^^-'-'^ '^'^io^ed. but , did jJordan was absent, two men came on boa! ,
" " '""'"'^'"'' ^•"' -'"'e
JSJce^ent with Kel.y before the w"di ; |
'' '^"''"""' ^"^ "-^--n,:
at Ttcpaskey to hire a man for th/^"^''^"•-' ronton fliore with Koir
^chooner. Jordan was then at St.^^ .T^^.f«.'>^"« - Halifa. :-,f2
i''"Waftcrw.rd. ,oId mc) to Halifax ,j ^ ''""'' ^ ">=«" '<> go ^a. h
tl»«. If Jordan knew i,. be w«uld ic ii. k^ ° ""'"•"• "^ "'« he faj-- cleb, and >.as r^p,i«, aw^y t^' .^-'^""^ '"'•^ ™c .hat Jord „ ^knowied^e Kelly a^rotoidJe^'w :«':;:"; "?''" ""^ ''^" "^"z
•wll'
48 TRIAL OF JOHN Kl. LLY
:.iiil I I'VUMicd liim, took llie boat from him, and brouglic it hacl^ V,'i left
liim on (hrrr. 1 do not know liow long it Wiii l>t»orc lie w.ii broiiglit back to
iJic vdfcl, 10 the bcO of my knowkcigf, it wm on the same day ; ncitlierrio I
know ilic j'Ci^plc that brought bimbiick. I fti|>|iore bit iaicmioii, in going
afhorc, w;«to disclufc whut bad tinj^ptnud. \Viit-n lie got to the fliorc-, liC
Ivad neither liik (nat, noi his hat. —1 faw I'cwer lUike Kelly on the ihore,
r>ndaficTv\ardki^Kc the bo^it on board, :utl do not know the icafon that Power
did net lake liini ni the s.inio lime. Alter Kelly had got hu hat and coat,
liea^aln .''ttimpted to go on fliorc, and |UK hischetl and things into ilic boat,
tor thai jiiirpui , but be did not g9 ; 1 heard Power fay that be had bien of-
dcri'd by Jotd.nn iu)i lo let Kelly go on (liure.••-During nil the time that Kelly
•Wijon bpard the fthooner, be feemed to be very nuicif call down, and ap-
pl-arc'd.to, be tiUvayi in fear of Jordan.— •! bad no knowledg'.* or intimation ot'
the arrival of His Majcflv'^ fcbooiicr Ciiitlc, until I faw her at fea; 1 believu
rov\cr and others on board knew it but they did not inform mc— -1 do t.ot
ncoUtdl: to hr.ve ften Kelly in fiis on board the fchooncr.
Eeius examined by the VrcfuUnt the mntnefsf-tid:-^
] believe in Oflicer and lour men came m ilte boat from the Mactarel
h) the Throe Siitcts. The Oflicer alone boarded ; Kelly tould nave miormed
himol v\ hat had l.ccndone ; ai that time the Piiothad the connr.tnd, but Kelly
j-,tf»cd as Captain.—After Jordan klithe vcHcl to go to if. jyo/jwV, we had no^
ftiflkicnt hands locomc w Halifax, becaufe tt.i; m.in, whom Kelly had hired to
jtT.ift in working ihe vt-fT.I, did not come— Kelly told mc that, if Jordan did
r.Dt rikurn Coon, be Uould not wan for mm, but be did not say at what time he
wouM £,o."-l tipiiot leeolltdl tl.ai Kelly inedlo get hanoa or iupplxs.-- '
Mv rtafon for '>Klic\ Irg ili»i he uas eiuleavouiin^ ti> hiretlic two men, who *
c-jmeon board the Three >i/fert'A Tit^effy,Ut afTift in carrjinghcr to Halilax
js ti.r.t the rri(.n atked me wIicil v,e were bound; I told them to Halifax',
iheV tilt n 1 1.quired liiiw many hands we had, and if the Captain wanted
nantlj; I f;'.l(l 1 fujipofed he did, as thcrd were only Kelly and 1 on board.—It '
)t W'ajxN";iUi.'tlic vcltti lay in .S'f. Ayflr^'/jSflV» 'hJt Ktlly told mc that Jordan
wasin debt.tV.d wairu^v ing awsy with 'the fiioolitrr, ah'd Hiat lie (Kelly')
.IaTC'^Kn;i<'^Wiloroit.-i-'!'neVer heard Kelly called Ytft\\t hlWC r>f John Stairs.
'Ebc'nMt:e-cf Hf^ C9pitin*Mhe Volfelis not in itiy fiil'p'ping paper, 1 vt'ai
l>iipf*d-b7 Jordarf, xVbW'theii callciHiimfelf ^oi« Tremain. {Hertthe tvit'
titfs pf^dihiJ l!if>.ifJ>iltgP(it><:<'> it-f'ieVtiiat readythe Ifeifijltar i froiri thii it
ap^Oied .tlier-fheWitntfi had'betn-lirtd hy a frrfuM callinghirnfelf'fiJhn Tre-
nuiin.^i-ftAtfiV:it%tfs^'ththfr6t)teVi^.)i'Ac't''r di'et^fy'thii'l^Vl^Hj^ paper toi <
KLulLy.«>'.Thcfcw.T*'i»o(bihg)t*opAv€WlKH!y 't%rrt'%olng*tffiinit6ft, while*
j«d: tiwai guftAtf«ira.t4tt:'UclfcV.--:iArtt}r>'llcH'^1iW'gdne-ota' fluoric without
1 ,&,hsAi..rti; i ':i>,;lc>.Jvv,i9hraBgk«;ohb«aT<lihyt\vV-m#nJiiU'1i6 beldhged to tfie
lhor<f»|-i.rl ux) i.oi know whether it was by («*** or nou I never hcsrrf
hirfn.«;wni. lj:n rttat he haiUicrn broogUt bacik' byi force.
.
#1"
V
JF
follow
I
wardJ
IWtb of
The da
to rem;
»ind tbj
• to take
he got t
Went ii
fliore aj
overtoo
boat; h
upon th
and got
hour, he
and put
hare jh
fel to
Work, an
If to remain
pot come
when I ai
veffcl all
the nio^i
and leave
iHaftcr un
be faid h
and Kell^
the cabin,
did not rei
formed mwhether J
On his CI
Ther«
becaus3he
I cannot fa'
that time; I
hOuis..-.] V
He appeare
very low fp
he bad £t$ i
ack, XVi kit
•irougln back to
y Jni'iilierdo I
uioii) in going
the fliorc-, Ub
on tlic Ihrtrt',
ifon tlui Power
hat and coat,
i into ihc hoMt,
• liad hitcn of-
time that Kelly
down, and ;ip-
tr intimatiun ot'
t fe»; 1 believe
me.-"! do >>ot
tlic Mackareliiuve inlurnied'
rand, but Kelly
in's, w c had noj
:<ly had hired to
ut, tl' Jordan did
at what lime hu
or lupplxs.-—
two men, vvl.o
ig her to Halifax
cm to HaliJ'ax j
^aplain wanted
! un b()ar(! It
mc that Jordan
[Iiallic iKe/ly")
6 <^f John Stiiirs.
5 pApcr, 1 ^^M
{Hen the <wit-
jr i from thu it
}tnfelf"fihn 7re-
''I'l^WJ!', papf « '<> *^
iri'^dft, while»|v>
ita' ftibtis without
leldhged to ttie
I never hcsrcl
TRIAL OF JOHN KELLV.4ft
folio';:"* ''""" '''"' ""'' •"' '""'"• ^" "-'««' «'^ J<=Pofea aa
ward IT^Ta"" ""."'• "• "*""" "'"^^ '^''"''"" Thrcc-Sittcr. by Id.
«A I. of oaoher laft, the prifoncr at the Bar w a, then on board of tliat vcffeJ
to rcn,a.n there, but I would not let him , he fa.d he wa, go.ng to b« mar
he got there, he m.^ht go on fhore if he l.ked. I brought h.m on board a„4vent .n.o the c,biu. and whUc I was there he took the boat and went on
"oat; he made me fomc anfwcr. upon which I knocked him Aupon the wharf, and to.k the boat aw.y from hitn II 1 "1J""!;.nd gotthe vcrre|-underwei,h..ani a. wo were roing ou f e Jr
ft> to the Bay of Bull,. He faid it wa» no u^e he wo .vvork. and that he ., .,, „e,i„ed to go in the v"ffcl -1 ll l
^ ""'»o regain, and en, into the cabin. Ld to the iTo^m/r'^'a^ Z!>« come up ,11 we got to the Bay of BuUs.-.We were bccaL. r J^
'
When Ialk.d hnn to afsi.t us. he refufed L7 " ^''' ""^
vefTe* all the time we were a the Clf ^^uf^TT'"°" '"'' "''*
"- n.orn.ng we failed from taf p' ac? v^:'"''1 ""' '"^'-' '^" ""''^
and leave to go on fliore bu?! tl h ?demanded the boat
™a«er un^il ^ wen" on o;rd;a ; ^ ^ordaT'^ ^
-«l.e faid he would not...,The '^o n gVeT^i ;/:''
''
""T"''°" "'^*^' ""'
and i:.;;, wanted mc -drop the othl^L:^':: r:'^;;;'''7'"«^
Che cabm. ,„d wh.lc I waa ther« he took the fhip.^ ! •-' "^"' """
d.d„otreturn....The„ightbeforewefa.led.X L^B r?"''•"'
fora,ed me that a king', fchooner wa. com.n^ ah f hi^ f '•'°"'"'"-
whether I,.,,, knew it or not before he quit.^Hhc Schoo:;" ' """" '^'^
Oa ^« cro/s examination thf witnefs/aid :—The reafoa ofi»y ftriking /,>//, when he went o„ n, •
Jecaus.hehad.ake„thefl>ip.!bo.tChenwower *^^^^^
J cannot fay Who it was that brought him onboard ,'!?,'"''•---thatt.me;hecame on board forlHsthiogs...l..;:!7'!^ "" *««aou......l wastlirefted by Jordan to prevent Ke'll'.LtT
'" ""*'"' "^«He appeared to he much in fear of Jordan and ^f f""« "^" ''^'''-
>« day whUc I was on Ihore, but i neverZ^ "'"' "^be
Uin any.-.-i d©
^0 tRIAL OP JOHN KELLY,
hot iMwthat itwM Keil/f fear of Jordan Uiat prevented him from making idifclofurc of what happened^ but I think he wiflied to difclofe it at the Bayol Bulls, when he wanted to go on fliore, and 1 prevented him.
Bfing examined by the Court, the vuitneftfaid ;—My reafon tot fuppofjog that Kelly wiflied to go on (hofe, at the Saf of
Bulls, for the pnrpofe of making • dlfdofuite ii, bceaufe he put on his befttlotlies, and (aid he had bnfineft on Ihore.l-1 never heard Ktlly called by thename of Stairs, and never heard the name mentioned until the Cuttle boardedthe fchooner—The firft information that I received of the fchooner'i hivinsVeen run away with was from Mr. Simpfon, who boarded ui from the Cuttlt.
The witnefs then withdrew.
Thomas JV. Jeffery, Efquire, one of the Comminionen was fworrt andexamined, and gave hit tcttimony from his feat on the bench as follows ;—
I am the Colleftorof His Majeify sCuftoms for the Poet of Halifax. Thefchooner Three Sittera is regiUcred in this Fort ; the Cerliticate of hei Regiflry
is No. 6, dated 16ih January lB09i the rcgittered owners are Jonathan andJohn Tremain of this place, merchants ;—Solomon Jennings was the original
maftcr }-- the name of John Stairs, 0<inds endorfed as mutter iSth July latt,—There has been no uanslei ut the propeny, that I know of, Ance fhe was f»
regittcrcd.
Pretiiknt.—Ur. Solicitoi General, have you now done ? A. Yos Sir.
Prejident.'-" Prifoner, you have heard the evidence againft you, if yo«have any ihinj to offer in your defence you fhall be heard."
Mr. Robie then faid, " The prifoner has a written defence, but at he can-not read well, he wiihet one of ut * to read it, if your Excellency and Ho-Duurt wiU permit."
Permiflion being givei^, Mr, Ralle read the defence at follow*!—May it pleafe your Excellency and the Honourable Court to give your at-
tention to the faAt I OuU now tiate io my Defence to the chaiiet. which have\>e«t»bnnisht tgainfi me. and of which I hope I ftaii be able to prove that Iam cwiiely innocent.
I am t native of Dtiblin in Ireland, and from my youth have fc llowed th«occupation of a feaman ; I came to thit country abor.t three years ago. andsince that time have b een employed in the fervice of different pcrfoni in thia'Town, fome of whom I intend, with the permifTion of thit Conrt, to call at-witnefles to prove that my conduct, ever since they became acquainted withmc, has never been other than it ought to Have been.
I was Iftft funimer (hipped on board the fchooner Three-Sijters, of wbicliJolin Stair* was then Matter, and my name entered on the (liip's articles as
*^rat9 of the velfcl, and as such I received a proteflion from being impi^fled,
* S, C.'.V. Archibald, ifquirr, was oaa of tb« Couotrl fgr Che iir!A»i^
^t k
TftlAL 0^ JOHN i^ELLY.
n from making i
lore it at the Bay
Tl.
e, at the Baf of
( put on hit beft
fUy railed by tbe
c Cuttle boarded
:hooner't haviBS
rrom the Cuttle.
t wai fnrorit and
IS fellou'i :—>f Halifax.—Thete of hei ResUtrjr
e Jonathan and
wai the original
iSth July latt—
fince ftie wai fo
A. Yos Sir.
inft yon, if yo«
e, biitat he can-
tllency and Ho-
llow*.'.—
to give your at-
ge*. which have
e to prove that I
ve f( 1lowed the
yeara ago, and
t pcrfont in thia
:onrt, to call aa
icquainted With
i(ters,ofwbicli
iip'a article* as
sing iniprefled,
t priAwcf,
St
WIdi^ not receive mcfc wage, than the oti.cr seamen of the Vessel. bo#
did I consider myscifas possessing mo»e aiuhotitv on ho*iii U\^i, ibcy.About noon on the 13th day (if S«plem^. . Uit, I was at the liolm of the
•chooner, and Capt. Stairs* being with Fhrmas Ht-Rth in the cabin, asked meif I wiOied a drink of grog i
I tliinkert nin anrf faid i did ; at iliat tmc Mrs.Jordan with her diiidren was fttiin^ <>n a c bl-., which had tjt-h cincd ortthe after pan of thr qnarterd. -ir. m.dir the liilm , Edward J>rdit5 %\m Uand-ing OD the ftarboard fid<« of the quarter-dctk, n< ara b^d .-in;! bedUii-g l^clong->ng to his wife, which had N'eii brought on d< th o be ^i. J, A> ih«: tiller o£*he fihoonerthri-e Sifters pi<'j«i<S>soverthcflc JisrJiHi.ntl.-wav. jnl. tto:r theConftraAionof the velfel'i quartr dt-rk, •&
; .tiy hi?h hn^ u, x was oHi.jedto ftpop a great deal to receive ...e kI.I-, v.i.k:. C,-„ ,. ,,,,,, .',,, the„ i^^.' j,ing to me thro' thetkylipht, hoMins n die fame time th.' < nd of tm i.llefin my left hand, at the inftant I .e.t.ved the glafi, JovHanmel » mftolfwmhehmd me, ihro^ the tkv light irt.) the c.bin....Stii„he,l u, ;•„: ..cr,'..eft degree by anadlfo terrifying, and fuj p^fing l.o r-Hoi iV.u.idcJ to" de-«roy «*, I ftarted and fellacrofs the tiller, m wl.ict , ,>ntion ( con .ni-d (offometime, under the moft dreadful apprehenfi..n. „f lofi,,>i m> 1..6, loi .1..: firft
' objea I faw was Jordan armed with three or four ..iitolj.aml appearing deter-mined to deftroy all who Ihould oppofe him..~Bcnjamin Matthews w.s „, arthe main hatchway, and Heath had reached the deck, wher, Jorlan pointinra piftol towards Heath, who was in a hne with Matthews, fired, ai.d hoth .fthem felloD the deck.- As Stairs was coming up the Companion Jor ! n ^,uTanced to the door, and while going, pointed a piftol, and ufed ihc oioftthreatening and violent geftures towards me ; this added fo much to m- nt-•nidation that I loft all power of moving, and wa, almoft deprived of niy t.-n-for Captam Stairs, after ftruggling tome time with Jordan, got difcnga^e^i.ndpufcmgpartof the main hatch overhoard jumped after it; and Vher;moft folemnly declare that I did not hear Captain Stairs caUing me. while howas ftruggling with Jordan, ro his alliftance, and I truft it will be provedthat the ortly words he wa. heard to fay were. "'For God's fake fp.re•• mj^ lite, anl I will take veffel wherever you like." I was foconfounded a..d ftupified by this horrid trt«fa«ion. that I remained.*!
'! T': •.'•'r"*'*.'"""
IT' ^''^*''^ "••* ' '^~" ^ 'he next viftimof Jordan s dtfpcrit.on. After Stairs was In the fea, fordan came aft tofire at him, 1 put the helm down and Jordan immediately loft fight vf himin the wake of the veffel.-Jonlan then prefented the piftol «t me and laid•• I'il blow your brains out with the reft."...i fci, on my knees and beggeimy life of him, and he at length turned away and went to Matthews, whowas not yet dead, and ftfuck him on the hack of the head with .h/hf,a»=hook handle, and threw him and Heath overboard, and afterwards wafted^e blood from the deck.-.During this time 1 wM lamenting tbe iTanlaaion Ihad witnc&cd and exclaimed, « What IhaU I do," Jordto overheariT me uiR
m
^
6^'h
TRIAL OP JOHN KELLV,
The f,.e „i£, it w^^Sl;;:^:"'^ yvajco^peUcdtodo.
•'I.ichcame oh idveral aiffernTv '^"d grJSf threw me iiito fiu»
ward.. « H-en asictrrc^S ." f'"'*^'"- '"'°"' '*° <*^y< ^""-
• take «^y .rarjla 'd 'l
"'?'' " '''"'''' ''' ''^'*' '''^"^y
i"c, anti that he di I not care Cor his own rife. • >
difCofe rhrj.Lf?«L:V:f" 'T •"-^"•'f^-fo-^'and.I wished to
Chant ...ere aid I f Sa c !'° '° '° '"^"^^ """ "^« »»"' «>"« M""
-cideU to .h t . Jrefd ,
""^"'""^'^^^ •"^-—S" t"ftcurc Jordan ;
Place Where Jew'^ftrJT, T^^' "^^''^ ^PP°""-"-'- ' A^ another
dan's precautions weref„ch that the !«."'' ''"""^'''"' J*^"
'e w„., i„ .V„; :^;:;„ :;;;;= *;;;-••'- » ...o .choo„„,
driven oiftoJ.l^^ZjT'"' " ""'' ^' "^" unfo«u.«dy
-« on a Sunday' and U.e P.^"'
'"I'"'" '"'"^'^ *" ^"'"
'
^•^'« » '^''''"^
Wing. u.e:te^:: tje V .'r;"dtr'°"'
"" '^^ ^^''"^^'^"^ ^«^-
^"e Pilot, idererminedtola S' uleiav'tT'f'° ««"erirt Crewe or
"Hhe Whole that had Palfed b t ?e:trln" ^M "'^^^^^^^
^- d„l„« ro, rhe wa. arraid ™, ac^r;: n uTJr^t^Tn^r d^
"^arriv.l which was hourly expcfted. would a..i„
' "^ "'"^"«'''»°'' J^'d'"'"'*
I »hen. as it will be proved to the cour fore7ri%"* '"/"* ''"""'' ''
Halifax with.he velTel. a,.foo„ as I Ju^^ ^ctl f .
''^ °' '""^ '"' '* '
and myfelf to navigate her .here thTs nlanT"^' '" ""'" €'*^
«nd fl,e approved 'of .. On .hoZZ\:Z2T "d
"*"• *"*""
•«en to go to Halifax, and. not daring to confi e"hrw?or'h'r T'"''"'^
1 .old him that I mould fee off with the vcfltMno Ha.^ • I"'' '"''''''''
clidnotcom«the next day, in purfuLr ."''°''' J°''*'"' '^"e
— -»-»"^:;;::;\r7::;rr;jr
/f
I
TPIAL OF JO«Jf KELLV, 53
laft time. I fucco.d^ "g^ 1 aoTT'"' I'"
"" '^'^''""- ""' '° ^^ ^or the
What arms .hey had • I told I i,„ TlT' '"'"^ '"' ^''^' ''« ^"^"-ed
to fend after the effe racZn oL ,
"'""''' """" ""''''' "^ "^'"-"^
todctainher. I tte'. iledTZ^ ^^^^<='tnen Hired a man to condiiA me (o St rnh.,«c . j .
•place we proceeded until we were met bv SnL ^T '''''"^* '"''""'^
on enquiring of mc if 1 h.d he,rd 0?,^ /. it
""^ ' ''"'^ "^ S''''^'^"*
1 vva, the mate of that v^^l and ;'''T^'-^''^^'^Sifters. ., old thetn
-onmywaytoSt.;rrirrotr::;-:;r;V'°^r•nformcd that a cutter had gone in purfuit of h 'r and a V c
' ''""
ft-cw„ „,e. containing an account o^ the tra" f a'
." '''" "" '"'"
<lu«ed hae. to TrepalTey. and w« aftratdlt^^rprc'r ' ^^^ ""*
Thi?. may it pleafo your E\crllrnr„ ,n ^
-.ft. When your Excellency and Honours conHdlr ^Ss^'l^rl"''
va.ernge and dcfpcato detcrm.natioh „ra man 1 ke K rlt «" ""^ '"
d-ed on me. and the horror and conft.rnatio li."^t"/''"/ '^^^ ''^''-
^yr./to undcr;o\^he"^s:.r:i:rs';:: ;:;?rt.r^"^^'^'-^
finally, I did di.clofe all 1 knew to Mr l'"Z d.fpofu.on. and ,har,
-. Will acquit me of treTh^g! hro 't ll^r:!^^^''!"'^^"' ""-
-nxicty and i-prironment which 1 h^ve aSyr^^ed^^^^^^'^«
mcnt for the^y offence 1 have been guilty o^-i.e^' ''''"^-
been on boar?!;, fchooner Three Sitler. a e ir^; hoTet""""°' '"'"^
-fitted, and being fo overpowered by tc r
'
I t " ""''' "'"-
Stairs the aid he wanted, nd which a m n"« T 'l
''"'"" '" ^^P''
>nd mind, than lam eonfcious of poVem .'".ItTrrT'''"'^'''^
n>y defence are. from their nature, incapJi; of proof my ime'nti'""' °'
be inferred from circttmftances ..... .and I humhlv hope the Be"" ""'^
my innocence i« known, may affitt your Z.cZniZdHoJ'' T""^a determination that (hall declare it.
""^'."^^ *"'' "°°'^"" '« forming
The Prejid,„t then faid. •« How old are you J&//v * a vtwo years of age."^ '^" ''^' ^"'' twenty*
The Court wa. then adjourned until tl.e next day at ten o'clock.
N
5^ TRIAL OF «)HN KELLY
ruefday, Decembtr 12, 1809.
the Court met purfuant to adjoumment, and being opened in the iifual
maimer, the Prefulent informed tl.e i'ritoncr ihai the Court was ready to hear
any witnefles he wiflicd to examine in his defence.
The Counfel fnf tlie prifoner then proceeded to call Margarit Jordai;,
wlio was fwoin by the Regiftrar, and being examined depofed at lollcwi :—
I was on boaid tiie fchooner Three Sifters on her voyage from Gaipc to
Halilax in the month of September laft j— 1 know tl.e pri(on*i at me J3ar, i.e
alfo was on board.—The f:h<ipncr (I know not for what reafon) proce. t'.ed to
Newfoundland, inftcad of Halifaxi—it wai, I think, abou the 9ih or K th of
September that wc failed from Gafpe ;—We were on b. rd about tout days
before the murder ;—between ten and eleven o'clock in ; « forenoon cf lie
15:h, Kellv was ftandins ai the helm -.—John Stairs and Thomas Heath w*int
into tlie cabin, and the former handed up a glafs of giog, through the fltyhglit
l<» Keiiy at the helm.—My hviOjand Hred a ^ot thtougli the fliylight, into the
»«bin from behind Kehy, at which Kelfy feemed very much frightened, ai»d
leaned on the helm with the glaU of grog in his Imnd.— My huftand ran for-
V^rdto tiie cabin door, and fired a Ihot at Thomas Heath, and was then going
ilowli into tiie cabin, with an axe in one hand, a.-.d a pittol in the other, but
John Stairs met iiim, and fcized iiim, and took tlic piftol and axe trom him.—
Stairs, Matthews, and my hufbaiid were entangleil together oo the deck.-—;
Siaiis got himfclf out of Joi dan's liands,and hove the axcandpiitol overboaiJ
and ilien took the hatch, flung it overboard, and threw himfelf upon it.----
After tliat, Joidan ftiui-k Matthews wiih a boat-hook— I do not know whe-
iiier the men were thrown overboard, or went over board from the pain of their
Wounds. My hulband then went tg Keily with a piftol, and afkcd iiin. wliat
be tncani to do, and laid that if he would not face luc vtiTel b^rcthc v.ind,
he would blow his brains out.---We went off in a gale of witid Wa place called
George's Bay, and it Hvai teii or twelve days before we reached Little fiay in
Newfoundland.—We got two iiien there, and then wetit to St. Mary's, where
<ve fti:pped a pilot to can y us to St. John's ; after wc got the pi!ot, Kelly wifli*
cd to go on ^lore, in order to come here by the way of St. John's, but I would
not kt him, becaufe I was afraid 1 and my children would be left alone, and
I prevailed upon him to ftay,—but he faid he would go on (hore at Jhe next
harbour we went into.—Weleft St. Mary's to go to Trcpaffey, and my hnf-
band left us near Cape Race, iml went to St. John's with one P^ot—Wd
weiEfrora: fueftiay to,Sunday evening before we got intoTrepaffeyj—myhulband expefted us to go to the Bay of Bulls.—After dur acrivtlat Trepalfey,
kelly Ihipped two men, intcndmg to come to Halifax in my hufband's abfcncc;
but on ilie night of tne day that Kelly gol the men on board, my hulband and
Fower cam* froin' S^t. John's.—When Kelly found that my hufband had
retuined, he thougiii lo go on fliore iliC next morning, and for tliaipurpefe
lot his things Te»iii§f^ my hufband fulfl Tower n»t to let him go.—Wheft
it-»
t
^v-
". ••»
^*^
TRIAf- OF JOHN KELLY. n.
Kelly found that he wainot alHw-i to go on fhore. he threw himfclf into the
f«'a. and fwam aftiT ia hoat th.n y. as going to the (hofc wiih feme othei people,
but he was brought back hv i^ice;- He threw himfclf over again, and overtook
the boat ; Power TviUowkv \m in anoilier boat that wat alongfidc, and (truck
him, when on (horr, tor tjk ng away tiie ho:it, and ruthif hand and month.—
When Kelly c.iinc on hoitid, he itruck Powf r, who returned the blow and
knocked inm down on me halchway.—K#//y faid he would have Ids trunk
on fhore, upon whith Iowlt told him that he thould not take the ho.-rt Ut>n\
the veffel, and ri he oul, hit He (I'owei) would ihoot him.— In order to prp-
vtn , Kelly fn.m go ufe on (hoic. Power wti^htd anchor, and went sway tor
tlie iiay oi KaH», wi.eu- we arrived and k maintd two days, and took in WDOii
.ind walv-r, which Power might h;;ve done at Trcp.iffey if he had chofcn.—
Tlie liril df, thii we were in the B.y of Lulls Kelly thouglitto go on Oiore,
bu. my liulband would not let him; afterwards, when ihe vclfcl was under
wci^h ftantiing out of Ihe harbour, Kelly cut the rope of the boat, jumped into
V M, J went on niore, fintc which I have not fccn liim until 1 iw.' him here.
-'Whi'e Joidan was at St. John's, Kelly told me, i.' lie could depend on mc
nor to t' II my liulband what he faid, he wou'.d carry the veffel to llaUfax:-.
bu-. my h. stand's return prevented him. 1 did not fee a piftolin the hand*
f^f K'ily, CKher when Jordan firlt fired, or at any time after; he had the helm
'i- . ,,/;anii, and a glafs of grog in the oiliCr, 1 had not any convcrfation with
Kali imntdiatily after the firing took place. After the murder of Heath
and Maitiiews, Kelly appeared very much trouWled, and turned very pale, and
fci-m i! gr eaily in fear of Jordan. It was my opinion, -ai ihc tim^, lliat Kelly'
ag.-at.on of mind wascaufcd by his fear oi Jordan. 1 do not know tharXV//v
looK. «nj^ p..it in the trani'adlions of Jordan on board the fthooner, but to thi
but ot my knowledge he did not. Kelly int-rmed me, while he was on board
the fchoo'ner after we iett Trepaffcy, that he intended to dilciofe what had
happened, when he llmuld confulcr himfelf ina place ol (alety.
The counlcl for the prifontr here rloff d the examination of this Wiinefj
and the counfel for the cro-^n not wifhirg to crol's examine her, (he was per-
mitted to withdraw.
John Cwtin was then called and fwom |)y the Hejhtrar, and being ex-
amined, he d(. poftd as follows :
1 know the Frifoner at the Bar, yohn Ktlty, but I cannot ext€i\j tell how
long it is finre I fiift became acquainted with him ; he boarded at my hoof*
{"our different tiines when he came from feaj be was oncp at my houfeter.
weeks : I thought him a vciy good boy, and that there could not be a beUer
•we in his situation of ^ife. During the ten«^fB|u he was at my houfe, h«
wasneverabfent at night, and always went^-ii(ft|;«.'Hriy, anti on Sundays he
•^rcffed himfelf and went to church; I always took notice, that he was un-
commonly indnftrious and fober, and Tert|g*|eafy when he could not gel
**
66 TRIAL OF JOHN RELl.Yi
either u in,dr v'Im ;;/ '7;^^^ ^^^^^^ '-'-^^ 'o ,uar.el after dinne,'!.:
i" ^ny fcffl, i.,",
' '" "y ""'^ ^°'"S "^°"^- W« ««ver interfered.
» ui u IS more tlian a iwdvc monih.Ti e witnefs then wi.hdrcw.
x^oifffi/owwbeing calk<! and fwcirn vu-,, -lows....
"^"^ examined and depofedasfd-
' •>" .weiv<f.oo't,;:.:.„i cC^ rZ ;:a'r"^ '^'" -^ "'" ^' ^•'--
cufc of complaint againn him. ani ^ e ^a d l"" r"'•"-' "''"" '^' ^"^
"n.il .he prcfent affair.- VVhie he was in 1 ' ' '""" '^'^"^^^""'S'^'
°f knowing hin,. and , never faw a , n""' ' ' '"' ^" °"''°"""''y
o" boa.d tflc fchooner Hope, w,J. Xgc"? t::;!'" '""-"'' "^^ ^ ''""'
The Witnefs then withdrew 'dJ flu. ^.,;jbeing here elof.i. ... c... w. rH;:; 7^"^^^TT' '"'^°""
hour afterwards, ,h<doo.s were opened ancl,h~°.''""'--'" «*'»"' half ,„
Procia.ation being n,adc .or f.lc. cc 1
1" ^
" ''! 7T '" "" '"' "^'''-"
•• John K.t..v.- Vou have Sn LT '"'' """ "' '""'^^^ =
•'>rrf.«. in eon.„Htting a p!"cy . ?'; ^ ""^"-"P"-" "'"' E.^'^r,
"flances of atrocity .carcelyfu,n-;r,.d in'^". ""o^panied by circum-
''TheCouuhLeonn.C:C/ ;:;:;''^^''^'--
" poffibly afford you a le-^al exc.fc or m'""^ '""'^"'' '"'''^^ ""'^
" and it is wah ,e.. f : Iv J 1'''^'I '" ""*"'
'" '"'' '^'^•^^^*" ^"-'^
" 1 1-avc l,e< „ obhgc.l to conau"
'''' ''"'''' '"' ^°*^">' = '« *hich
or.":^S::;t;;:^:;:;;-'--the hadto.y ..,,„.,„,,
- S;:::;: ::C;.::.;:;;;:tr '
"^r ^'"- -^^ - -^e.n con,.,.ed on an Impomb. d S""
^ "^^"^ '"^ "^^^ '° "avc
*^/J.....r; and he "atcd to the Co ui t t ;';:""-" "-'-'"^
^^''X «' «««
-l^ing. .b„..n,e, intoC^Z^'Zf^r'T- '"^"^'^" ^°'<^ "-the reign of our Some g., Lm ^cic. "'^f
'''•'"*'^ '" the//^,V/A year of
*"e 'King. do,h fav. allege 1 .t'' ""1 ^'""'''^-">« oH ii- behalf of
•that r**« Jf.//vdil nnSm.i M'''"
.'^^'""'^'^''V P'«PO"nd as foUows.-
mentioned thrond.nu tl,c"ch7r7.' .
"'""S''"""!' 'hat no other day is
l««»nt by the y«r «/,llSll "" '" "'^'^ ''^ ='^^"'^'" ^hat year i.
"/'''.^I'rf.^rer.ce mufi nec.Jfarily be made to th.t part
,y- K>
^O
of the al
to .etiic
tiKrcfdrc
of Septen
tMrtrentl.
tlie thiru
huiidred :
were to I)
abfurd, an
Mr. ,
where an
future day
charge.
" It is
be i,'oo(., w
fads alle(l^(
" It is
POSSIBLE (I:
judijed l.ia'
"If Afault on B. a
.this ii not HI
' to which th
" Indiifi
upon C. O.
and lliere Or
named bcfor
"to the LAST,
"If an
that the Dde
30th CAR. '2.
the 1ft of J A!
^ " An inf
And is fuu itl
theallcgatio;!
^Ihdidmcn't, t
aS all t.ic mat
beprecifdy a
r^ This ob
ly as follow
"Ahhoi
•\ judgment of I
• njwn one gri.
V- K V
TRIAI. OF JOHN KELLY. 57of the allegation, in which a certain year h meiuioncd, and it ^vill he foundto cthcM'-tth year of the reign of Hi, prcfent Majetty ; that the prifoner h' .
rcfore charged with having committed the offence on th. thirterntb d.yoi September in the ffticth year of Ihs prefr.nt Majeftv's r«ign j and. a, thet*,rfee,nb day of September in the Jlftiith year of His Majefty's reign will bethe thrte.mh day of September niiUc ycat of our Lord one thoufand eightliu:i(ireil and ten, it is a future and i.npomhle day ; and.thcrefore if a judgmentwere to he pronounced againtt the prifonerit would be upon a charge in iifclfabfurd, and which could not poifibly be tt-ue.
Mr.Robie then cUcd the follouing cafes and authorities to flicw thatwhere an indielment or information charged an offence to be committed on afuture day. it is void
j and that no j udgmeni can be legally given upon fuch \charge
.
" It is laid dovvn as nn uiulouhlcd prlncli^c, that no Indiflmcnt whatfoevereanbe uond, without pr.;cif(.-ly fliewing a certain- pay and year of the materialfafls allf<I^c(l in it. ^.'2. Hawk. P. C. 3'25. D.ver 164.)
" It is certain, that, if an lndi(5ln>eiit lay I'.c offence oiian uncertain or im-FossiELE (lay, a» vthcre it Inya it on a future day, if is void. --^AIIo it hatli been ad-ju(li;ed tlia' ;io defett of this liind can be helped by the vcrdii'^.-.-O Kawk. P. C. ST?
" If A. 1)6 indited thai on tlie first and second daj of May he made an af-'
fault on B. and a certain cloKe helonging to B, then and there felonioiidv took &n_
this is not i»oo(l, hcaufe there arc feveraldays mentioned before, and it is uncertain' to which the felonious taking (hall relate. —2. Hale, P. C. 173.
" Indiiflinent againil A. B, tliat he at N. in the Counly albrcfalH made an afi'auli-
upon C. D, of F. in the County afurefaid, and him with a certain (word, &c. thenand there (iruci; and thrun,tliis Indidment is not good, bccaule there are two iTIacei
named before, and if it refers to both, it is iinpofTihle, and if only to one, it mull refer
-to the LAST, and then it is infensible.— 2. Hale P. C, 18(1,
'« If an indictmcr.t at afcsslons holdcn the 13th of January LiOth Car. 2. find
that the Defendant has been .ibfcjit from Church six months from the Ifi ofJANUARY30th car. 2, it is void for the impollibility, for there are but eleven days betweenthe Iftof JANUARY and th(; holding of the feffions,—2, Hal-; P, C. 229,
"T "An information diners from an indieiment in little more than this, that theC»ne is fou id by ihp oathoi t«elve men, and the other U m*#&unri, but is onlytheallegatio.of M.eoiruer whonxhibitiU; whatfo«rerc«rUlnty is rcr,uiiitc in an
^Indictment, the fame at lean is necelTary alio iu an information, and cun'fcciucntlv,
aJ all the material parts of the crime mull be precifelj found In the one, fo muft theybtpreciWy alldgcd in the other."—-2. Hawk. P. C, 260. '"«,
:^ This objecftion was anfsvered by the SQlUitor GemralrXni^iMmcti near.!y as follows :
"Although not aware of this applic.Mion of the pii toner in arreft of theuidgtncntof the Co ut, I aiji inclined to mett it at the (hrcl)||||||(|. if »t were only•nj»n one gronnd, that it come* too la'.e.—Were it a f'.iblUntial clic<Stiu,i " i»
%
-^i*
.5S TRIAL or JOHN KELLY.
ll -%
favorem vitti" I would ukc further time to eonfidcr of Ht validity, ipd re-
<iuelt the Court to mcetaf^ain at fome future day forlti more folemn difcuflioni
but| ai tliti whole evidence, as well nn the part nf the profccution as in flip.
-port of the defence, has been fully difclofed, and ai the prifonir, after a n)oft
deliberate and patient inal, has been pronounced guilty of the crimes laid to
his charge, 1 an aiixious to difmifs the melancholy fubjtdl by an immediate
performance ol the icnptaining part of my duty.
" My learned fried is now defirous ofcallipg to the aflittance of thev.n-
happy priioncr, not the iwil law, which he endeavoured to introd'icc .-.pon,,
the former trial, but the principles of the Common Law of o^ir L-ni, whidi ho
has quoted (nm Hale and Ilatviirti, and upon which he relics lor the arrr ft of
the judgment.—My memory will not fuinifli me wt;Ii late cafes in oi i f'f'ti"n
to tbofe principles; but, fuppcfing the t's«ff/o« L.iW to guid', us hero infiyad
oftbe Civil Law, I can with fafcty affirm th.it, by a reform gradually in'rocin--
ed iAtoithc Criminal Code of our Mother Country thiough tut able dci ifio: s of
tlie twelve judges of lEngland, the law, upon fuch frivolous pointt of ob;cd:i'in
»• the prefent, has heen confulcrAbiy varied,—^It is molt ceitainly a rait in
criminal proceedings that i)ie day ii immaterial: the objedlion here taken
i», that the day laid in the allegation is an impofliblc day, as it refers to a year
the particular period of which it not yet arrived ; but 1 contend that, by a
general reference to the time exprtffed in the Caption of the allegation, it may^_
be re«fonably and legally intended that the crime was committed on tlic tbiv' :,.
tettith day of September, in the year of our Lord one thnufanci eight hundredand «f«(r.—The omiflion ot our Lord's year, does n> i therefore make ||ie
day impoflihle for " iAcertmm eft quod certumreddi pottjl." At all cvenuhowever, by \\\cforms of the Ciuj/law, the objedlion cannot be received at
this late hour after the conridlion ef the prifoner; 1 would therefore recom-
mend it I the unhappy man to feek the prefervation of hit life in the mercyof hfit King. In this year of Jubilee, when proclamations of pardon are ilfuecj
in all directions,.—when the prifon gates arc call open throughout the king-
dom, and univerfal joy is manifefted in Chriftian charity and forgivcnefs,—
tl:is wretched man nwy^end a pardon of his crimes in the clemency of hit Sove- ^,reign.—Should M^.be fQftunaj,e enough to acquire it, let him return thanksto his God andlHf Xi*>f. fiwt he has been thus prcfcrvcd in the dayt of hi^
youih..—Ue is young and has time to repent and to amend. The lelTon he has
n-ccived iu the c^duift and in th^i^i^ oi Edward Jordan, is d^x^f^ xviiai
one.—H6w farlMTliat been inflrumenta!, by pafllvc if not. aiStivc guilt* in fa-
vouring the views of that fhocking man has been determined by the folemn
jtfdgment of tHtelf^and honourable Court. To the fame Court belongs t|^
r"We# of recsssa^oing for mrrcy ;— to their ban Js 1 agsin cemmit the csufig
of the Crown and of the prifoner. His application in arrefi of the awful fen.
tence of the lanNMli no doubt have its due confidcration with your Excel,
fcncy and Honours. You are his judges and his jury : the duties of the lattCr"
"Si
^
dfficehav
leAion n
judgmen
Aft«
sf thti C(
«'If
*• cicnt V
" ing pli
" tions
" gethei
" confic
«« -.
*' clufi«
'« been
" for Ih
" difch
" tenet
• the I
" tion,
••Aim
M
•' whii
• coni
Tdmdtb
'if'
w
f
iltdity, apd te^
inn difcuflion I
tion as in Aip>
.r, «ftcr a mpft
crimes laid to
»n imtpeUiatc
mce of iliei'.n-
ntrcd'iCL .ipon ^
.p.ni, nhicliho
for the arrrft of
s in 01 lof'tii'B
usiicro ir.li'v'ad
iially in'rocivi"-
>1«; clc-t ifio '3 c'f
itmf ob;cd:ion
:^inly a ru<'j in
ion here taken
retcrs to a yrar
:nd that, by a
egation,itniaY ^^
lid on tlif tbir- :,.
eight hundred
ore make |he
-At all cvcnu
be received at
;refore recoflgt-
i in the mercy
don are iffuc4
tout the king?
rorgivcneft,—
cy of his Stive-
return thanks
the days of hr^
c IclTon he hat .
> a ip^ft aw&il
/c guiU, in fa-
by the folemn
rt belongs t|)jC|
IHizt the C£Ur5
he awful fcn-
I your Ezcel-
!;s of the latttr"
^1f
*$mT(llA^bF JOHN KELLY. _dfficehavo lieen peifcrmed by the conviftion of the ptifoneir; Ihoold hlsoU
:eA5on not avail bim, it will only remain for th« Court to psononhce the
judgment of the liW."
After fome conlultaUoiVon lUc bench, tht Frejident d«Uvcred the opinio^
sf tht Court in the foUotving words :—«• If tl.e objeaioB^, which hav been made by your Counfcl, have fulTv.
•'ciciit weight to arreft the judgment in a Common law proceeding, youriiav-
" ing pleaded to the faft is, bythe tkilitm, a waiver of all technical objec-
•• lions to the articles of charge; but they will be reprifented to the King, to-
^ S,^•• gether witli the recommendation for mercy, and will undoubtedly be fully
•' confidcred."
ir " yohn Kelly,— I l^^ve performed the office of informing you of the con*^
» clufion the Court has como to on the trial of your cafe, and you hav« not*
" been able to oiler fufficient mati« to arreft that judgment the law appoints
.. for the crimes of which you Hand convittcd : 1 have therefore now ^y to
•• difcharge my duty, as Prefidcnt of this Court, of pronouncing the awful ferf*
'« tencc ot the Uw, which is,— that you Joi« Kelly, be taken frotw hence to
•• the place from whenc* you came, and from thence to the pUte of ^^*^^^-
" tion, there to be hanged by the neck until you are dead !and may God
•• Almighty have mercy upon your foul."
<;v' M The Court has, however, recommended you to your King for pardon,
'--j' " which recommendation will be rcptcfcnteu lo U»s Majefty for his graciou*
" confideratidn."
'
The prifonct was then remanded to the cuflody of the rrovoft MarlliaU, .^,^^
'»nil the Court adjourned /ifltf<ff>.~^'^'
*
»*
»<j
.
'A -ft
! . -i-
4
* ,#.
#
*-
m.
«*
• «<W'^'
APPENDIX.• f «
-i-'o I. Th. PkeCKPT fo:< SUMMONING THE CoMM„5ION«,.
(-'•.•iicd)
Ull^RCE PREVOJT,
I,. S.
"I'li>ea,„urrei„.„. d.K inuul for llm .,u'
, i^' '
'<' ''^ 'o»r,^a.ul i,. ,),« twenty
J .<! n|.|>o.ntc,l Coinn,:i, ,„hts i.,rtl,e ,„,r, nfen ".'r''"'"« ''"= f"'>l"'ilutcd
'
>'AMi.s, A.NUADbi-.:r,^. ,.. .. .
'y,l."_" =""' f""'"i'-""l you tofummon (hfr. nji*a,.l appear ,...r,onailvh,,?Coua^o"ir.r;^rr
iillv 1*%,
..ll.'clavA. .l.i;,;:;.^U;V,"'.:V" "rr" Hom.-,.! HalUax.f, .,^^,^
lock iollici'urpiiniin
•,n,uioins>afiocihr,,.;w;:-;,^:;:;;~-. .;-'•;- to a„ ac» o> iwi^^kFFKCrVAL SUPPRESSION OF P.A V u^f;"'
^ '"•J^**
"^^ ^CT , OR THE MORSJocoi.niiutca Curl, to Le |,ol,| ac. orrli'n,"
,
"i*"*«*"'"« """ anU tl.cii.
Trim ofall IW.I, |.r,fon or L'Z ^ ihl li °"'",''V
*»>**' cb.nu.il.o,,, ,or ,| e»umn,con.mi„.'cl a„y PlLv/V^ on ^ IVr t:'^^'^^
the f.„„e. vha;ged w f.
Afl.n.ral or A.lmfral- lu.u, |.;«,,r aulhorrtv nr v! 'i'"''"1'"" "^'^' '•'». « here tli«
•iourr..,dccu,t,,o.ir Irufi.v and well .be"ovcd li.•"
^^J'''"" ""^ frt'Went-i*F^oST,BaroncUourLlcolrf^intGomnornmrr7 "^ "^'''A"' ^"^ G*««°«^;uourfaid Province ot Nova-Sco^WiXt IL 'j^''''''''^" in.Chjdf in and over
i«*f?;•''"'«"''«''• in the vearofoiir Lordr3r,Kl,?''j'''.''f«''"". ""» thirteenth day of
*SJ^ tl,c(ilticih>t-aiofour-Rei..n. ^ thouland cght hundred and nine, au|,V'
ifc-^- '^y •>'« ExccJlencyN Command '
S. H.TjEoiiaE'r
.y t»
The Reti;r.v,
ar\n obcdicnic to the wilhiii Warrant I Pni- t ,
i;d^.ed. to give their al.cnd.-uice at the iL tnd !!lT°"*i'"" ""= >"=^''"'" therein'' L»Mfdahis Hl^Kovcmbcr, 1S09.
"° '""•= ^'"^ P'aco as I am commanded.
J<)Hes Fa w son,
f*^ '
, Pfovoft Marfl,all»
f«. 8. The Commissioner's Oath.
..* or their trial, before ^to.u^^tu^']:^''^' «""' ''^ l>rou>.h( " .mon.IPfty s commiitloa for the t.vinc, oV thern , Kv-^ • " ' °^ 1"^ P"*' P"' '"» «»-
iuWKLP ME UOP.i hich any DCrfoiw flands acr.i'--'' j •
'^ ^11U3 3CC1!m.., and is now
SbiStat: 11 & 1^2 W. 3;
H
